Claimant v Asda Stores Limited

This was the original claim filed on 7 February 2025. The preliminary hearing dealt only with amendment applications. The substantive age discrimination claim remains to be determined at final hearing.

Amendment allowed at preliminary hearing. Claimant alleges PCPs requiring heavy lifting and working alone caused substantial disadvantage due to degenerative disc disease and bulging discs. Reasonable adjustment sought was to be paired with another colleague. Merits to be determined at final hearing subject to time limit determination.

Amendment allowed. Claimant alleges respondent failed to contact her during sick leave periods (10 June 2024-25 January 2025 and 29 January 2025-7 February 2025) amounting to less favourable treatment due to disability. To be determined at final hearing subject to time limit issues.

Amendment allowed. Claimant alleges unfavourable treatment in form of failure to contact her during sick leave because of long-term sickness absence caused by her back conditions. To be determined at final hearing subject to time limit determination.

Claimant sought to add two victimisation claims. Amendment refused for first claim (relating to July 2023 grievance and alleged detriment of working alone after return on 20 July 2023) as no allegation of discrimination was raised in the grievance, making it unlikely to be a protected act, and there was a significant two-year delay. Amendment allowed for second claim (failure to investigate/provide outcome to January 2025 grievance), subject to time limit issues at final hearing.

Indicated in original claim form as 'breach of duty of care' and claims for 'other payments'. No substantive determination made at this preliminary hearing on amendment applications.

Claimant indicated claim for not following ACAS Code of Practice on Disciplinary and Grievance Procedures in original claim form. No substantive determination made at this preliminary hearing.