Claimant v Govan Housing Association
Outcome
Individual claims
Withdrawn by claimant at the outset of the hearing. Claimant had less than two years' continuous service and therefore no jurisdiction.
Withdrawn by claimant at the outset of the hearing. Respondent had sought to strike out as having no reasonable prospects of success.
Amendment application allowed only in respect of allegation 14 (dismissal amounting to disability discrimination). The tribunal found this was not an entirely new allegation in terms of facts as dismissal was already pleaded in the ET1. The remaining 15 allegations of disability discrimination were refused as they were vague, unspecific, raised out of time, and would cause significant hardship to the respondent. Further particulars ordered to specify the legal basis of the discrimination claim.
Facts
The claimant was dismissed by Govan Housing Association with less than two years' service. She initially brought claims of unfair dismissal and breach of contract in November 2023. In March 2024, she applied to amend to add 16 allegations of disability discrimination. The original ET1 did not mention disability, tick the disability discrimination box, or set out the factual allegations now being raised. The allegations were vague, unspecific, lacked dates and details, and the claimant stated she could not identify individual incidents.
Decision
The tribunal allowed the amendment only in respect of allegation 14 (that the dismissal itself amounted to disability discrimination) because this was already pleaded factually in the ET1. The remaining 15 allegations were refused as they were vague, unspecific, raised out of time, would cause significant hardship to the respondent, and were only raised after the claimant realised her original claims could not succeed. The unfair dismissal and breach of contract claims were dismissed as withdrawn.
Practical note
When applying to amend to add discrimination claims after time limits have expired, tribunals will be more sympathetic where the factual allegations were already pleaded in the original ET1, but will refuse amendments introducing entirely new vague and unspecific allegations that would cause significant hardship to the respondent to defend.
Legal authorities cited
Statutes
Case details
- Case number
- 4106974/2023
- Decision date
- 23 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- Yes
- Rep type
- lay rep