Case 6010762/2024 · Employment Tribunal
Mrs M Scott v J C Frost (Holdings) Limited RECORD OF A PRELIMINARY HEARING — 2025
- Case reference
- 6010762/2024
- Decision date
- 1 October 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Appearances For
Parties
2 namedClaimant
Mrs M Scott
Key findings
Tribunal's reasoningThe preliminary hearing concerned the claimant's application to amend her existing constructive unfair dismissal claim to add claims for failure to make reasonable adjustments under section 21 EA 2010 and harassment under section 26 EA 2010. The tribunal found that the proposed amendments were substantive rather than clerical, would add new heads of claim and factual allegations, and would require consideration of disability, further disclosure, additional evidence, and more hearing time.
The tribunal considered the timing and manner of the amendment application, including that it was made on 15 May 2025 after an earlier case management order had required clarification by 25 November 2024. Balancing the injustice and hardship to both parties, the tribunal refused the amendment application and noted that the claimant could still advance her constructive unfair dismissal claim relying on facts relevant to that claim.
The respondent also applied to convert the November 2025 final hearing from CVP to an in-person hearing. The tribunal refused that application, finding no factors justifying alteration of the listing, and directed that the existing case management orders would stand.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | The underlying constructive unfair dismissal claim was identified as the existing claim and remained listed for a substantive hearing; it was not determined in this preliminary hearing judgment. | Other | — | — |
| Disability discrimination | The claimant's application to amend to add a failure to make reasonable adjustments claim under section 21 EA 2010 was refused. The tribunal did not decide the merits of that proposed claim. | Other | Disability | — |
| Harassment | The claimant's application to amend to add a harassment claim under section 26 EA 2010 was refused. The tribunal referred to medical conditions and disability issues, but did not determine disability or the merits of the proposed harassment claim. | Other | Disability | — |
Legal tests applied
8 references- Selkent factors
- balance of injustice and hardship
- Selkent Bus Company Limited v Moore [1996] ICR 836
- Vaughan v Modality Partnership UKEAT/0147/20/BA
- CX v Secretary of State for Justice [2025] EAT 114
- Trimble and anor v North Lanarkshire Council and anor EATS 0048/12
- Conteh v First Security Guards Ltd EAT 0144/16
- overriding objective
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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