Claimant v Amazon UK Services Limited
Outcome
Individual claims
This was the claimant's original claim. This preliminary hearing dealt only with an application to amend to add a further claim; the original disability discrimination claim was not determined and will proceed to final hearing.
This was the claimant's original claim. This preliminary hearing dealt only with an application to amend to add a further claim; the original race discrimination claim was not determined and will proceed to final hearing.
This was the claimant's original claim. This preliminary hearing dealt only with an application to amend to add a further claim; the original sex discrimination claim was not determined and will proceed to final hearing.
Claimant's application to amend to add this claim was dismissed. The tribunal found it was an entirely new claim, not a re-labelling; it was out of time with no explanation for delay; and there was a fundamental flaw as the claimant failed to identify a proper PCP applicable to all employees rather than personal issues. Balance of hardship favoured the respondent.
Facts
The claimant brought claims of direct discrimination on grounds of race, sex and disability. After issues were agreed at a preliminary hearing in September 2024, she applied in November 2024 to amend her claim to add a claim for failure to make reasonable adjustments. She provided no explanation for the delay in making the application. The respondent conceded disability (anxiety and depression) but opposed the amendment. The application came before the tribunal on two occasions as further particulars were required.
Decision
The tribunal dismissed the application to amend. It found the reasonable adjustments claim was an entirely new claim, not a re-labelling of existing claims. The claimant gave no explanation for delay, rendering the claim out of time. Fundamentally, the claimant failed to identify proper PCPs applicable to all employees; instead she cited personal issues relating only to herself. The balance of hardship favoured the respondent, and allowing the amendment would require investigation of something that could not be properly investigated.
Practical note
A claimant seeking to amend to add a reasonable adjustments claim must identify a proper provision, criterion or practice that applies generally and places them at a substantial disadvantage, not merely list personal management failures specific to them.
Legal authorities cited
Statutes
Case details
- Case number
- 6003335/2024
- Decision date
- 8 April 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No