Outcome
Individual claims
This is a preliminary hearing on amendment application. Claims include disability discrimination and indirect discrimination relating to working environment and sales expectations. The substantive claims are reserved for final hearing in May 2025.
Claims relate to working environment and sales targets allegedly applied without consideration for claimant's ADHD. Amendment allowed to clarify and expand these allegations. Full merits hearing to determine outcome.
Claimant sought to add harassment claims. Incident on 13 July allowed as background only, not as standalone claim due to timing and prejudice to respondent. Other harassment allegations to be determined at full hearing.
Claimant withdrew this claim prior to the judgment being dictated at the preliminary hearing.
Age discrimination claim was initially pursued but appears to have fallen away during proceedings.
Facts
The claimant, who has ADHD, worked for EE Limited and left employment on 22 July 2023. She filed a claim on 3 October 2023 alleging disability discrimination relating to a hostile working environment, sales pressure ('upselling'), and treatment by managers including 'Raymond' and Scott Farren. The claimant is a party litigant with mental health difficulties who has struggled to properly formulate her claims, attempting to amend since December 2023. With assistance from CAB she submitted a revised amendment on 30 October 2024 shortly before a scheduled November hearing.
Decision
The tribunal allowed the claimant's application to amend her pleadings to clarify and expand her disability discrimination claims, including indirect discrimination and harassment allegations. Time-bar issues were reserved to the full hearing. One incident on 13 July was allowed as background only, not as a standalone harassment claim, to avoid prejudice to the respondent. The tribunal balanced the claimant's difficulties as an unrepresented disabled person against the respondent's prejudice, noting the respondent had months to prepare before the May 2025 hearing.
Practical note
Tribunals will show considerable latitude to unrepresented disabled claimants in allowing late amendments where broad themes remain consistent, especially where the employer had earlier opportunity to investigate the matters raised in a grievance.
Legal authorities cited
Statutes
Case details
- Case number
- 4105580/2023
- Decision date
- 16 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- EE Limited
- Sector
- telecoms
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- No