Mrs L Steele v EDF Energy Nuclear Generation Ltd: 4110640/2021
| Judgment Date | 19 October 2021 |
| Citation | 4110640/2021 |
| Date | 19 October 2021 |
| Published date | 28 October 2021 |
| Court | Employment Tribunal |
| Subject Matter | Disability Discrimination |
E.T. Z4 (WR)
EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No: 4110640/2021
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Preliminary Hearing held remotely on 15 October 2021
Employment Judge A Kemp
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Mrs L Steele Claimant
Represented by:
Mr J Lee
Solicitor
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EDF Energy Nuclear Generation Ltd Respondent
Represented by:
Ms P Volkmer
Solicitor
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JUDGMENT OF THE EMPLOYMENT TRIBUNAL
The Tribunal grants the claimant’s application to amend her claims,
reserving whether or not the Tribunal has jurisdiction for the claims in
relation to the protected characteristic of age for later determination.
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REASONS
Introduction
1. This was a Preliminary Hearing held to consider an application made by
the claimant in an email dated 30 September 2021 which provided an
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amended paper apart. The respondent objected to that by email dated
6 October 2021.
4110640/2021 Page 2
2. The parties were each represented by solicitors, to whom I am grateful for
their submissions.
Background
3. There was no hearing of evidence, but the following matters arose from
the submissions and are or at least may be relevant to the exercise of
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discretion.
4. The claimant is not employed by the respondent but is a contract worker
supplied to it by a third party agency.
5. Early Conciliation against the respondent was commenced on 29 July
2021 and a certificate issued on 30 July 2021.
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6. A Claim Form was presented to the Tribunal on 3 August 2021. It referred
to a claim of discrimination on the protected characteristic of disability, and
to sections 13, 19, 20, 21 and 26 of the Equality Act 2010. It also referred
to an alleged provision, criterion or practice applied by the respondent to
the effect that it granted part-time working only to those nearing retirement.
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The claim was prepared for the claimant by her solicitor.
7. The respondent provided a Response in which denied the allegations.
8. On 30 September 2021 the claimant’s solicitor wrote to the Tribunal to
make the present application, attaching an amended paper apart which
sought to add a new protected characteristic of age to the claims under
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sections 13, 19 and 26 of the Equality Act 2010 and to address a number
of issues of fact in relation both to such claims and those for the protected
characteristic of disability.
9. The respondent opposed all of the proposed amendment, partly on the
basis that it was contended to be outwith the statutory time-limits, in its
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response dated 6 October 2021
Submissions
10. The following contains a very basic summary of the submissions that were
made.
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