Miss F Master v CAFCASS: 2415607/2020
JUDGMENT
[1]The claimant was a disabled person at the relevant times for the purpose of her disability discrimination complaints by virtue of osteoarthritis of the hands, but not in respect of widespread rheumatoid arthritis or stress and depression.[2]The claimant’s original claim was not presented in time in accordance with section 123(1)(a) of the Equality Act 2020 and it is not just and equitable to extend time in accordance with section 123(1)(b).[3]The claimant’s application to amend the original claim by the addition of a new cause of action (constructive unfair dismissal) was not presented in time in accordance with section 111(2)(a) of the Employment Rights Act 1996 and there is no basis for extending time in accordance with section 111(2)(b). Applying the appropriate tests for the amendment of a claim, the application to amend the original claim is refused.[4]The claim is dismissed accordingly. Judge Brian Doyle Date: 28 September 2021 Case Number: 2415607/2020