Claimant v Europa Road Ltd
Outcome
Individual claims
The tribunal refused the claimant's application to amend the claim form to include an allegation of constructive dismissal as an incidence of direct disability discrimination. The original discrimination claim remains to be determined at a future hearing.
The tribunal refused the claimant's application dated 17th July 2025 to amend her claim form to include a claim of indirect disability discrimination. The amendment application was not permitted.
Facts
The claimant brought a disability discrimination claim in February 2024. In July 2025, she applied to amend her claim to add constructive dismissal as an instance of direct disability discrimination and to add a claim of indirect disability discrimination. The claimant was represented by her father as litigation friend, suggesting she may lack capacity. The respondent opposed the amendments through counsel.
Decision
The tribunal refused both amendment applications. The claimant was not permitted to add constructive dismissal as an instance of direct disability discrimination, nor was she permitted to add a new claim of indirect disability discrimination. The tribunal gave oral reasons at the hearing.
Practical note
Amendment applications made several months after the original claim was filed may be refused, particularly where they seek to introduce entirely new causes of action such as constructive dismissal or indirect discrimination.
Case details
- Case number
- 1302785/2024
- Decision date
- 25 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Europa Road Ltd
- Sector
- transport
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep