Claimant v Cera Care Limited
Outcome
Individual claims
Original claim for disability discrimination remains in the case. Claimant was permitted to amend to add further incidents relating to failure to make reasonable adjustments during the disciplinary procedure, including not allowing her to bring a friend and holding the hearing on the afternoon of the Christmas party.
Original claim for unfair dismissal following disciplinary proceedings remains in the case and will proceed to full hearing.
Original claim for wrongful dismissal remains in the case and will proceed to full hearing.
Original claim for outstanding holiday pay remains in the case and will proceed to full hearing.
Claimant permitted to amend to add specific allegations that respondent failed to make reasonable adjustments during disciplinary process, including not allowing her to bring a friend to the disciplinary hearing and holding the hearing on the afternoon of the Christmas party when she could not respond due to her disability.
Application to amend to add equal pay claim refused. Claim was out of time, not raised in original ET1 despite claimant being aware of time limits, and would cause prejudice to respondent as witness who dealt with pay complaint had left employment. Claimant gave no good reason for delay in raising claim.
Application to amend to add sex discrimination claim refused. This was an entirely new cause of action not raised until December 2024 preliminary hearing, considerably outside statutory time limits. Claimant's original complaint about pay in May 2023 made no mention of gender differential. Tribunal found hardship to respondent in allowing amendment exceeded hardship to claimant in refusing it.
Application to amend to add victimisation claim (alleged victimisation after complaining about pay leading to dismissal) refused. New cause of action raised too late, outside time limits, with no good reason for delay. Respondent would be prejudiced as employee who received pay complaint had left employment.
Facts
The claimant, a care coordinator earning £22,575 per annum, was dismissed following disciplinary proceedings in December 2023. She had complained in May 2023 that she was paid less than new starters doing the same role (£24,000). She filed her ET1 in May 2024 claiming disability discrimination, unfair dismissal, wrongful dismissal and holiday pay. In December 2024, after obtaining legal advice, she sought to add equal pay, sex discrimination and victimisation claims, arguing she was paid less than a male comparator and dismissed after complaining. She also sought to add further disability discrimination allegations about the disciplinary process.
Decision
The tribunal refused the application to amend to add equal pay, sex discrimination and victimisation claims on the grounds they were entirely new causes of action brought considerably outside the statutory time limits with no good reason for the delay. The respondent would be prejudiced as the witness who dealt with the pay complaint had left employment. However, the tribunal permitted amendments to add further disability discrimination allegations about reasonable adjustments during the disciplinary process, as the respondent conceded little prejudice.
Practical note
Applications to add new causes of action significantly outside time limits will be refused where there is no good reason for delay and the respondent would suffer prejudice, particularly where key witnesses have left employment, even if the claimant was initially unrepresented.
Legal authorities cited
Statutes
Case details
- Case number
- 2403094/2024
- Decision date
- 29 April 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Coordinator
- Salary band
- £20,000–£25,000
Claimant representation
- Represented
- No