Claimant v Northampton School For Girls
Outcome
Individual claims
This was the original claim filed on 13 May 2024 which remains live. This preliminary hearing dealt only with the application to amend to add disability discrimination claims, not with the merits of the unfair dismissal claim.
This was one of the original claims (detriment for making a protected disclosure) filed on 13 May 2024 which remains live. This preliminary hearing dealt only with the application to amend, not with the merits of the whistleblowing claim.
Application to amend to add this claim was refused. Tribunal found the proposed amendment was a new cause of action based on new facts dating from May 2022, made significantly out of time with no compelling explanation for delay. Respondent would be severely prejudiced by having to investigate historic allegations, potentially hold preliminary hearing on disability status, and conduct substantially different areas of inquiry.
Application to amend to add this claim was refused for the same reasons as direct discrimination claim. New cause of action, significantly out of time, no compelling explanation for delay, and would cause severe prejudice to respondent.
Application to amend to add this claim was refused. Tribunal found allegations dated from May 2022 onwards, were significantly out of time, and would require substantially different areas of inquiry involving additional witnesses and investigation, causing severe prejudice to respondent.
Application to amend to add this claim was refused. Tribunal noted claimant relied on mental impairment of depression, disability status was disputed and would require preliminary hearing, and allegations were significantly out of time with no compelling explanation for delay.
Application to amend to add this claim was refused for the same reasons as other disability discrimination claims. New cause of action based on new facts, significantly out of time, no explanation for delay, and would cause severe prejudice to respondent in terms of investigation, additional evidence, and extended hearing.
Facts
Claimant filed claim on 13 May 2024 for unfair dismissal and whistleblowing detriment following dismissal on 5 April 2024. At preliminary hearing on 4 December 2024, claimant sought to amend to add disability discrimination claims. Formal application made on 16 January 2025 (4 weeks late) seeking to add claims of direct/indirect discrimination, discrimination arising from disability, failure to make reasonable adjustments, and harassment, all related to alleged mental impairment of depression. Proposed allegations dated from May 2022 onwards. Claimant claimed original ET1 was completed with assistance of ex-partner who was not legally trained, and that respondent had knowledge of stress/anxiety issues.
Decision
Tribunal refused application to amend. Judge found proposed amendment was a new cause of action based on substantially new facts, not a re-labelling exercise. Application was significantly out of time with allegations dating from May 2022, and no compelling explanation given for delay or why disability claims were not included in original ET1. Respondent would be severely prejudiced by need for preliminary hearing on disability status, additional investigation of historic allegations affecting cogency of evidence, and substantially different areas of inquiry. Balance of hardship favoured refusing amendment.
Practical note
Applications to add disability discrimination claims long after the original claim will be refused where they involve substantially different factual inquiry, are significantly out of time without compelling explanation, and would cause severe prejudice to the respondent through additional investigation and extended proceedings, even where the claimant is now legally represented.
Legal authorities cited
Statutes
Case details
- Case number
- 3305122/2024
- Decision date
- 8 April 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- Yes
- Rep type
- solicitor