Claimant v Hamill Homecare Limited
Outcome
Individual claims
This preliminary hearing dealt only with an amendment application. The substantive disability discrimination claims under sections 15 and 20 Equality Act 2010 remain to be determined at full hearing scheduled for 8 January 2025. Respondent has conceded claimant's disability status.
Claimant withdrew the unfair dismissal complaint at case management preliminary hearing. The Note following that hearing confirmed only disability discrimination complaint would proceed.
Claimant sought to amend claim to add complaint about non-payment of final week's wages in July 2024, nine months after filing. Tribunal refused amendment as: complaint was out of time with no explanation for delay or evidence it was not reasonably practicable to bring in time; it would introduce entirely new complaint requiring different evidence; respondent stated payment withheld pending return of uniform per contract terms and would be paid on return; and claimant could pursue remedy in Sheriff Court.
Facts
Claimant filed disability discrimination claim in November 2023, later withdrawing unfair dismissal complaint. In July 2024, nine months after filing, claimant sought to amend to add claim for non-payment of final week's wages, which respondent said was withheld pending return of uniform as per contract. Claimant's final wage paid 28 September 2023. Claimant provided no explanation for delay in raising wages claim and did not tick relevant boxes on original ET1.
Decision
Tribunal refused amendment application as it would introduce entirely new complaint requiring different evidence, was significantly out of time with no explanation for delay or evidence it was not reasonably practicable to bring in time, and balance of hardship favoured respondent. Claimant retained alternative remedy in Sheriff Court for contractual claim.
Practical note
Amendment applications to add new complaints months after filing will be refused where significantly out of time, no explanation for delay provided, and claimant has alternative remedy available - particularly where proposed claim appears unlikely to succeed on merits.
Legal authorities cited
Statutes
Case details
- Case number
- 8000624/2023
- Decision date
- 10 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No