M D Shea v The Royal Wolverhampton NHS Trust: 1304140/2023
JUDGMENT
The judgment of the Tribunal is as follows: Amendment application[1]The claimant’s application to amend her complaint to add the label of harassment contrary to s 26 of the Equality Act 2010 as detailed at 2.2 Harassment (i) to the acts complained of is allowed.[2]The claimant’s application as detailed at paragraph 2.2 Direct Disability Discrimination(i) is about a complaint already presented to the Employment Tribunal and identified at paragraph 2.1.5 in the List of Issues identified by Employment Judge Choudry in her Order 7 December 2023 and requires no further amendment to the complaints.[3]The claimant’s application as detailed at 2.2 Direct Disability Discrimination (ii) to amend the complaint to add new complaints of further acts of direct discrimination because of disability are claims presented out of time and it not being just and equitable to extend time to present such claims the 1304140/2023 amendments are not allowed. The matters about which the claimant complains are part of the background to the act(s) of direct disability discrimination about which complaints have been made in timely fashion. Employment Judge Dean 27 February 2024 Note Reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party asked for them at the hearing or a party makes a written request within 14 days of the sending of this written record of the decision.