Mrs P McArthur v Lidl Great Britain Limited — 2023

This judgment concerned an opposed application to amend the claimant's ET1, not the final merits of the claims. The claimant had brought claims described as constructive unfair dismissal and disability discrimination after resigning on 5 August 2022. The respondent resisted all claims but accepted, following disclosure of medical records and an impact statement, that the claimant was disabled under the Equality Act 2010 by reason of COPD and emphysema.

Applying the Selkent test, the tribunal found that the proposed amendments added detailed factual particulars to existing claims rather than pleading entirely new causes of action. It noted that claims under sections 13, 15, 20 and 26 of the Equality Act 2010 were discernible from the ET1, including allegations about reasonable adjustments, bullying and/or harassment, comments about the claimant's illness and abilities, and matters relied on as breaches of trust and confidence.

The tribunal accepted that the application came fairly late and would require the respondent to meet a more detailed case, potentially involving additional witnesses and expense. However, it concluded that refusing the amendment would cause greater injustice and hardship to the claimant because she might be unable to particularise and evidence a large part of her claim. The amendment was allowed, the respondent was given 28 days to amend the ET3 if advised, and time bar issues were reserved for the full hearing.