Cases1306802/2024

Claimant v Sainsbury's Supermarkets Ltd

31 January 2025Before Employment Judge Jonathan GidneyMidlands Westremote video

Outcome

Claimant fails

Individual claims

Direct Discrimination(age)withdrawn

The claimant withdrew the age discrimination claim during the preliminary hearing. The tribunal dismissed the claim upon withdrawal.

Otherstruck out

The claimant applied to amend the claim form to include claims under the Data Protection Act 1988 and Income Tax (Earnings & Pensions) Act 2023. The tribunal refused the application to amend.

Facts

The claimant Rabar Mahmood brought a claim against Sainsbury's Supermarkets Ltd including an age discrimination claim. At a preliminary hearing, the claimant withdrew the age discrimination claim and applied to amend the claim form to include claims under the Data Protection Act 1988 and Income Tax (Earnings & Pensions) Act 2023. The respondent was represented by counsel.

Decision

The tribunal dismissed the age discrimination claim upon withdrawal by the claimant. The tribunal refused the claimant's application to amend the claim form to add new claims relating to data protection and tax legislation.

Practical note

Applications to amend claims to add unrelated statutory claims at a preliminary hearing stage are likely to be refused, particularly where the claimant is unrepresented and the respondent has legal representation.

Case details

Case number
1306802/2024
Decision date
31 January 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
retail
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No