Claimant v Wincanton Group Limited
Outcome
Individual claims
The claim in respect of notice remains subject to the reconsideration application, which was dismissed. The final hearing was scheduled for 11-12 February 2025.
A single act of victimisation claim remains subject to the reconsideration application, which was dismissed. The case proceeds to final hearing on this claim.
The claimant's application to amend to add multiple whistleblowing detriment claims was refused because it was not formulated with sufficient detail, did not identify the protected disclosures or specific detriments, was made only two months before final hearing, and provided no explanation for the delay.
Facts
This was a preliminary hearing to address the claimant's application for reconsideration of a previous judgment dated 22 October 2024 and an application to amend her claim to add whistleblowing detriment allegations. The claimant was self-represented and sought to add allegations that she had made protected disclosures and suffered detriments as a result. The final hearing was scheduled for 11-12 February 2025, approximately two weeks after this preliminary hearing.
Decision
The tribunal refused the claimant's application to amend because it did not set out the basics of a whistleblowing claim with sufficient detail, including what the protected disclosures were and what specific detriments arose. The tribunal also refused the application for reconsideration on three grounds: the claimant did not object to the shorter hearing time at the time, the second ground about mishandling of evidence was unclear, and the third ground was merely a statement that it would be in the interests of justice without proper reasoning.
Practical note
Applications to amend claims must be formulated with the same degree of detail as the original claim, particularly when made late and close to the final hearing, and must clearly identify the key elements of the cause of action being added.
Legal authorities cited
Case details
- Case number
- 3311695/2023
- Decision date
- 13 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- logistics
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No