Claimant v RHT Scotland Limited

Outcome

Facts

Claimant, a fitter, brought claims of sexual orientation discrimination relating to incidents in October and November 2023. He initially omitted an incident of homophobic abuse by colleague Aiden Russell on 29 or 30 November 2023 because the police declined to pursue criminal proceedings and he thought no one would believe him. He later discovered through the respondent's document bundle that his manager had obtained a witness statement confirming the abuse and that Russell had admitted it and received a warning. The claimant applied to amend his claim to add this incident shortly before the full merits hearing.

Decision

The tribunal allowed the amendment to add the November 2023 harassment incident, subject to time bar. The judge found the claimant's reasons for the late amendment weak, but concluded the balance of hardship favoured allowing the amendment. The respondent had knowledge of the incident at the time and had investigated it, so there was limited prejudice. The judge warned the claimant that if the respondent incurred unnecessary expense due to the late amendment, it might be considered unreasonable conduct warranting a costs order.

Practical note

Legal authorities cited