Claimant v Herefordshire & Worcestershire Health & Care NHS Trust

The ordinary unfair dismissal claim (capability dismissal after 13 months sickness absence) was allowed to proceed to final hearing. The tribunal found the claim was in time and the respondent would need to address it on merits.

Amendment allowed for disability discrimination claims relating to management of sickness absence (misrepresenting reason for absence in OH referral, failure to ask why absent, failure re redeployment spreadsheet, dismissal). Amendment refused for pre-absence claim regarding failure to provide adequate support from 2017 as too historic.

All race discrimination claims dismissed. Amendment to add particularised race discrimination claims refused as allegations were historic (2017-2019), evidence cogency affected, and balance of hardship did not favour claimant. ET1 failed to disclose basis of race discrimination complaint.

Amendment to add whistleblowing victimisation claims refused. No reference to whistleblowing in ET1. Claims significantly out of time. Claimant accepted particulars could have been provided when ET1 filed. No persuasive basis for extending time under 'not reasonably practicable' test.

Amendment allowed to claim for failure to pay injury allowance from 23 March 2020 to 10 November 2020 which would have topped absence pay to 85%. Tribunal found no real prejudice to respondent as contractual entitlement was straightforward matter within respondent's knowledge.

Amendment allowed for breach of contract claim regarding injury allowance payment. Claim to proceed to final hearing alongside unfair dismissal and remaining disability discrimination claims.