Cases6000605/2023

Claimant v Apple Retail UK Limited

Outcome

Other

Individual claims

Unfair Dismissalnot determined

This claim remains live following the preliminary hearing. The tribunal allowed amended particulars to engage this existing claim. The merits have not yet been determined.

Direct Discrimination(age)not determined

This claim remains live following the preliminary hearing. The tribunal allowed amended particulars to engage this existing claim. The merits have not yet been determined.

Direct Discrimination(sex)failed

The tribunal refused permission to add this new claim of sex discrimination at the preliminary hearing. The claim cannot proceed.

Direct Discrimination(race)failed

The tribunal refused permission to add this new claim of race discrimination at the preliminary hearing. The claim cannot proceed.

Direct Discrimination(disability)failed

The tribunal refused permission to add this new claim of disability discrimination at the preliminary hearing. The claim cannot proceed.

Facts

Mr Scholfield brought claims against Apple Retail UK Limited initially for unfair dismissal and age discrimination. He subsequently sought to amend his claim to add claims of sex, race and disability discrimination. A preliminary hearing was held to determine whether permission to amend should be granted.

Decision

The tribunal refused permission to add the new claims of sex, race and disability discrimination. The tribunal allowed the amended particulars to stand insofar as they related to the existing claims of unfair dismissal and age discrimination, which remain live and will proceed to a full hearing.

Practical note

A claimant appearing in person must obtain tribunal permission to add new causes of action to their claim, and the tribunal may refuse permission if the amendment does not meet the required test.

Case details

Case number
6000605/2023
Decision date
4 July 2024
Hearing type
preliminary
Hearing days
1
Classification
procedural

Respondent

Sector
retail
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No