Claimant v The Royal London Mutual Insurance Society Limited
Outcome
Individual claims
Claimant confirmed she misunderstood the law as related to the facts and withdrew the whistleblowing detriment claim under section 47B ERA 1996.
Claimant withdrew claims under sections 44 and 100 ERA 1996 relating to health and safety, accepting they were misconceived following discussion.
Claimant will argue she was segregated from guests at January 2023 sales conference because of her disability, and relies on events at grievance interview on 9 July 2024. Amendment allowed; to be determined at final hearing.
Claimant argues respondent's absence management policy (the PCP) results in particular disadvantage to those with her disability. Amendment allowed; to be determined at final hearing.
Claimant argues respondent failed to make adjustments to management information targets formal and failed to formalise working from home arrangement after pandemic. Amendment allowed; to be determined at final hearing.
Claimant accepted most alleged incidents did not meet legal definition of harassment but will rely on one incident: daily publishing of management information to distribution department. Amendment allowed; to be determined at final hearing.
Claimant will argue unfavourable treatment including being put on performance improvement plan and segregation at conference arose in consequence of her disability. Amendment allowed; to be determined at final hearing.
Claimant resigned on 18 November 2024 claiming breach of implied term of trust and confidence, with last straw being outcome of grievance appeal. Amendment to add this claim granted; to be determined at final hearing.
Facts
The claimant was employed by the respondent insurance company and raised claims including unfair dismissal, disability discrimination, whistleblowing and health and safety detriment. She resigned on 18 November 2024 after lodging her initial claim on 25 September 2024, while still employed. The respondent objected to lack of specification and time bar. The claimant provided revised particulars which the respondent treated as an amendment application. Key allegations include segregation at a January 2023 sales conference, failure to make reasonable adjustments to management targets and working from home arrangements, and unfavourable treatment including a performance improvement plan.
Decision
This was a case management preliminary hearing to consider amendment applications and strike out. The tribunal granted the claimant's amendments including adding a claim for constructive unfair dismissal. The claimant withdrew whistleblowing and health and safety claims. The tribunal held over the time bar issue to be determined after evidence at the final hearing. The case was listed for a 6-day full merits hearing in April 2025 before a full panel.
Practical note
Amendment applications by unrepresented claimants made in response to requests for further information at very early stages of proceedings are likely to be granted sympathetically as prejudice to respondents is negligible.
Legal authorities cited
Statutes
Case details
- Case number
- 4106775/2024
- Decision date
- 5 August 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- financial services
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No