Case 6016444/2024 · Employment Tribunal
Mrs D Old v Davies Group Ltd — 2025
- Case reference
- 6016444/2024
- Decision date
- 3 December 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Noons Representation
- Venue
- Midlands West
Parties
2 namedClaimant
Mrs D Old
Respondent
Key findings
Tribunal's reasoningThe claimant applied on 26 May 2025 to amend her claim to add allegations described as victimisation and detriment arising from events on 8 May 2025 and a return to work meeting on 14 May 2025. The tribunal identified the proposed amendment as a new victimisation claim relying on the issuing of tribunal proceedings as the protected act.
The tribunal found the proposed claims were new claims arising after the original claim form, and that the amendment application was made promptly and within the primary time limit. However, it considered the proposed detriments unlikely to amount to detriments, including the handling of sick or unpaid leave, referral to occupational health after the claimant reported stress, and the respondent not using its flexible working policy for a temporary absence.
Balancing injustice and hardship, the tribunal concluded that allowing the amendment would cause significant hardship to the respondent in defending a new claim considered unlikely to succeed, while the claimant's existing complaints remained proceeding to a final hearing. The amendment application was refused.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Victimisation | The tribunal refused the claimant's application to amend to add a victimisation claim relying on the issuing of tribunal proceedings as the protected act; the proposed claim was not adjudicated on its merits. | Other | — | — |
Legal tests applied
6 references- overriding objective
- Employment Tribunals (England and Wales) Presidential Guidance - General Case Management (2018)
- Selkent Bus Co Ltd v Moore 1996 ICR 836
- Chaudhry v Cerberus Security and Monitoring Services Ltd 2022 EAT 172
- Vaughan v Modality Partnership 2021 ICR 535
- balance of injustice and hardship
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.
How we got this data
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