Claimant v South Western Ambulance Service NHS Foundation Trust
Outcome
Individual claims
The tribunal struck out the claim as it had no reasonable prospects of success. The claimant ticked disability discrimination in her ET1 but provided no particulars. When she later sought to particularise the claim with allegations of failure to make reasonable adjustments (relating to written exams and typing on handheld devices), the tribunal found no contemporary evidence in 2024 that she had raised these issues with the respondent. The tribunal refused the amendment application as it prejudiced the respondent and the claim appeared to be an afterthought.
The claimant's pleaded case was that she was bullied by colleagues following a tragic suicide in 2019 and became subject to undue scrutiny. This constructive dismissal claim based on bullying remains live. However, the tribunal refused permission to add a separate allegation that failure to make reasonable adjustments amounted to a breach of contract entitling her to claim constructive dismissal, as there was no contemporary evidence of this issue being raised in 2024.
Facts
The claimant, who has dyslexia and dyspraxia known to the respondent since June 2021, resigned in 2024 giving notice. Her pleaded case was that she was bullied by colleagues following a 2019 suicide of a colleague with whom she had a relationship, and that this bullying included undue scrutiny. She ticked disability discrimination in her ET1 but provided no particulars. At a preliminary hearing before another judge, she was allowed to incorporate detailed allegations of failure to make reasonable adjustments relating to written exams and typing requirements. However, when ordered to provide evidence, no 2024 emails or documents showed she had raised these adjustment issues contemporaneously.
Decision
The tribunal struck out the disability discrimination claim as having no reasonable prospects of success and refused the application to amend to add failure to make reasonable adjustments claims. The judge found the allegations appeared to be an afterthought with no contemporary evidence, and allowing the amendment would prejudice the respondent. The constructive dismissal claim based on bullying remains live.
Practical note
Unrepresented claimants must raise disability adjustment issues contemporaneously; attempting to add detailed reasonable adjustment claims months after resignation without any contemporary evidence will likely fail on amendment and be struck out for having no reasonable prospects of success.
Legal authorities cited
Case details
- Case number
- 1402794/2024
- Decision date
- 24 September 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- —
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No