Cases1604382/2024

Claimant v Cardiff Council

8 December 2025Before Employment Judge R HarfieldCardiffin person

Outcome

Other

Individual claims

Harassment(disability)struck out

Claim from 2013 about defective vehicle refused permission to amend as preliminary issue, preventing it from proceeding to hearing.

Direct Discrimination(disability)struck out

Complaint about not being upgraded to Grade 4 after 4 years of driving in 2015 refused permission to amend, cannot proceed.

Harassment(disability)struck out

Complaints from 2017 to 2019 alleging being followed by supervisors refused permission to amend.

Failure to Make Reasonable Adjustments(disability)struck out

Complaint about manner of feedback and instructions by supervisors refused permission to amend.

Failure to Make Reasonable Adjustments(disability)struck out

Complaint from 2020 about not giving written feedback about HGV class 2 driving application refused permission to amend.

Harassment(disability)struck out

Complaint from 2020 about signing a written warning for tipping load early refused permission to amend.

Direct Discrimination(disability)struck out

Associative direct disability discrimination complaint from 2020 refused permission to amend.

Discrimination Arising from Disability (s.15)(disability)struck out

Complaints from 2019, 2020 and 2021 about pay increments refused permission to amend.

Failure to Make Reasonable Adjustments(disability)struck out

Complaint about not speaking to the Claimant in simpler terms refused permission to amend.

Failure to Make Reasonable Adjustments(disability)struck out

Complaint about trailer training refused permission to amend.

Direct Discrimination(disability)struck out

Complaint about roll on roll off driver role in 2021 refused permission to amend.

Direct Discrimination(disability)struck out

Complaint about job opportunity offered to agency worker in 2021 refused permission to amend.

Failure to Make Reasonable Adjustments(disability)struck out

Complaint about refusal of Class 1 HGV training and Tesco comment in 2021 refused permission to amend.

Harassment(disability)struck out

Complaint from 2022/2023 about a defective vehicle refused permission to amend.

Harassment(disability)struck out

Complaint for period 2019 to 2021 about allocation of right hand drive vehicles struck out as having no reasonable prospect of being within time or securing just and equitable extension.

Harassment(disability)struck out

Complaint about written warning for tyre tread struck out as having no reasonable prospect of being within time or securing just and equitable extension.

Harassment(disability)struck out

Complaint about claimant's pay when driving the Arctic vehicle struck out as having no reasonable prospect of being within time or securing just and equitable extension.

Direct Discrimination(disability)not determined

Complaint about alleged comments by HR in dismissal meeting on 8 August 2024 granted permission to amend and can proceed to final hearing, subject to time limits being determined at that hearing.

Discrimination Arising from Disability (s.15)(disability)not determined

Complaint that decision maker MW acted as he did because of what Claimant said at sickness absence meetings and thought Claimant was too much trouble, granted permission to amend and can proceed to final hearing.

Failure to Make Reasonable Adjustments(disability)not determined

Complaint that instead of dismissal the Claimant should have been redeployed to another department granted permission to amend and can proceed to final hearing, subject to time limits being determined.

Failure to Make Reasonable Adjustments(disability)not determined

Reasonable adjustment complaint about DP and class 2 HGV training in 2019 not struck out, respondent's strike out application refused, will be determined on merits at final hearing including time limit questions.

Discrimination Arising from Disability (s.15)(disability)not determined

Complaint about handling of Claimant's sick leave and alleged pressures placed on the Claimant not struck out, will be determined on merits at final hearing including time limit questions.

Harassment(disability)not determined

Complaint about handling of Claimant's sick leave and alleged pressures placed on the Claimant not struck out, will be determined on merits at final hearing including time limit questions.

Direct Discrimination(disability)not determined

Complaint from June 2023 that Claimant was told he was no longer required to continue in Arctic role, allegedly less favourable treatment due to hip condition compared to comparator NC, allowed to proceed by amendment. Tribunal found links to dismissal and career progression issues, not as old as other rejected complaints, and was investigated in internal grievance. Application to strike out on time limit grounds refused, no deposit order made.

Facts

Mr Thomas was a driver employed by Cardiff Council and dismissed on 8 August 2024. He brought multiple disability discrimination claims spanning 2013 to 2024, including harassment, direct discrimination, discrimination arising from disability, and failure to make reasonable adjustments. The claims related to both his hip condition and mental health condition. Key issues included alleged lack of career progression, removal from an Arctic driving role in June 2023, handling of his sick leave, and his eventual dismissal without redeployment being explored.

Decision

This was a preliminary hearing to determine which claims could proceed. The tribunal refused permission to amend for the majority of historical claims from 2013-2022 and struck out several others as having no reasonable prospect of being within time. However, the tribunal allowed several claims to proceed including complaints about the 2024 dismissal meeting, the 2023 Arctic role removal, failure to redeploy instead of dismissing, and handling of sick leave. These surviving claims will be determined on merits at a final hearing with time limit questions to be resolved then.

Practical note

Tribunals will rigorously scrutinise historical discrimination claims and refuse amendments for old complaints, but claims more closely linked in time to dismissal and with clearer connections to ongoing discriminatory conduct may be allowed to proceed even if potentially out of time.

Legal authorities cited

Case details

Case number
1604382/2024
Decision date
8 December 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Name
Cardiff Council
Sector
local government
Represented
Yes
Rep type
barrister

Employment details

Role
Driver

Claimant representation

Represented
No