Mrs N Pilgrim v Herefordshire and Worcestershire Health and Care NHS Trust: 1301189/2021
| Jurisdiction | England & Wales |
| Judgment Date | 13 March 2024 |
| Date | 13 March 2024 |
| Citation | 1301189/2021 |
| Court | Employment Tribunal |
| Published date | 27 March 2024 |
| Subject Matter | Disability Discrimination |
Case No: 1301189/2021
1
EMPLOYMENT TRIBUNALS
Claimant: Mrs N Pilgrim
Respondent: Herefordshire & Worcestershire Health & Care NHS Trust
Heard at: Birmingham (in public, by CVP)
On: 30 March 2023
Before: Employment Judge Kenward (sitting alone)
Representation
Claimant: in person
Respondent: Mr A MacMillan, Counsel
PRELIMINARY HEARING
RESERVED JUDGMENT
1. The Claimant was disabled within the meaning of section 6(1) of the Equality Act
2010, by reason of anxiety and depression, at all material times from 19 February
2018.
2. The application of the Claimant to amend her claim, as set out in the Case
Management Order of 13 October 2022 is allowed to the extent that the Claimant
is given permission to amend her Claim to include the complaints of disability
discrimination set out at paragraph 5(b) to (e) of the Case Management Summary.
3. The application of the Claimant to amend her claim, as set out in the Case
Management Order of 13 October 2022 is allowed to the extent that the Claimant
is given permission to amend her Claim to include the complaint of unlawful
deductions from wages / breach of contract set out at paragraph 8 of the Case
Management Summary.
4. The Claimant is refused permission to amend her Claim in respect of the
application of the Claimant to amend her claim, as set out in the Case Management
Order of 13 October 2022, to include the complaint of disability discrimination
Case No: 1301189/2021
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contrary to Equality Act 2010 set out at paragraph 5(a) of the Case Management
Summary.
5. The Claimant is refused permission to amend her Claim in respect of the
application of the Claimant to amend her claim, as set out in the Case Management
Order of 13 October 2022, to include the complaints of race discrimination contrary
to Equality Act 2010 set out at paragraph 6 of the Case Management Summary.
6. Any complaint of race discrimination contrary to Equality Act 2010 made in the ET1
Form of Claim is dismissed on the basis that any complaint of race discrimination
is entirely unparticularised so that the ET1 Form of Claim fails to disclose the basis
of a complaint of race discrimination.
7. The Claimant is refused permission to amend her Claim in respect of the
application of the Claimant to amend her claim, as set out in the Case Management
Order of 13 October 2022, to include the complaints of (whistleblowing)
victimisation contrary to Employment Rights Act 1996 section 47B by being
subjected to detriment on the ground of making public interest disclosures and by
being automatically unfairly dismissed contrary to Employment Rights Act 1996
section 103A by reason of making public interest disclosures.
8. Case Management Orders have been made to enable the Claimant’s remaining
complaints of (ordinary) unfair dismissal, disability discrimination and unlawful
deductions from wages / breach of contract to be listed for a final hearing.
REASONS
1. This was an open / public Preliminary Hearing to determine whether the Claimant
was disabled at the material time and whether she should be permitted to amend
her Claim. Depending on the determination of those issues, the Tribunal would
also need to decide whether any part of the Claim should be dismissed. In relation
to any part of the Claim in respect of which the proceedings continued, the Tribunal
would need to make any further orders necessary for any subsequent hearing to
take place.
2. I apologise for the time taken in providing this Judgment to the parties.
3. The issues to be determined were set out in the Case Management Order of
Employment Judge Kelly on 13 October 2022 (which followed a Case Management
Summary). The issues to be determined were listed on the basis that it would be
subject to the discretion of the Employment Judge on the day of the hearing, and
subject to there being sufficient time, with the issues being as set out below.
“1.2.1. Does the Tribunal allow the Claimant to amend her Claim as set out in
paragraphs 5 to 8 inclusive of the Summary above?
Case No: 1301189/2021
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1.2.2. If the Tribunal refuses the Claimant to amend her claim in any of the ways
sought, this may mean that the parts of the claim are entirely unparticularised and
that the Tribunal may dismiss those parts of the Claimant's claim.
1.2.3. Was the Claimant a disabled person in accordance with the Equality Act
2010 ("EQA") at all relevant times (2017 to November 2020) because of the
following condition(s): anxiety and depression? (This will only need to be
considered by the Tribunal if the Respondent does not concede the disability issue
for the whole of the relevant period or if the Tribunal allows the Claimant to amend
her claim to add acts of alleged disability discrimination for the period prior to her
dismissal.)
1.2.4. Making any further orders as may be required to prepare for the final hearing.
1.2.5. Finalising a list of issues to be determined at the final hearing.
1.2.6. Arranging a final hearing”.
The Claim and subsequent proceedings
4. The Claimant was employed by the Respondent from 4 September 2000 until the
termination of her employment with effect from 10 November 2020 on the stated
grounds of capability (related to health in that she had been absent from work due
to sickness for 13 months). At the time of her dismissal, she was employed as a
senior human resources manager.
5. The Claimant provided notification to ACAS on 8 February 2021. The ACAS
certificate was issued on 17 March 2021. Tribunal proceedings were commenced
by way of an ET1 Form of Claim on 16 April 2021.
6. The Claimant completed section 8.1 of the ET1 Form of Claim by ticking boxes to
indicate that she was bringing complaints of unfair dismissal, race discrimination
and disability discrimination. Similarly, she ticked the requisite boxes to indicate
that she was claiming that she was owed arrears of pay and other payments. She
also ticked the final box of section 8.1 to indicate that she was bringing another
type of complaint, with this being identified as “vicarious liability for bullying”.
7. At the beginning of the ET1 Form of Claim, immediately above section 1, an
instruction appears in bold type which states that a Claimant must complete all
questions marked with an asterisk. Both section 8.1 and section 8.2 of the ET1
Form of Claim are marked with an asterisk. Thus, section 8.2 of the ET1 Form of
Claim requires that the Claimant set out the “background and details of your claim”
with a further instruction to the effect that the details of the Claim should include
the dates when the events which have been complained about happened. The
Claimant simply inserted the words “see attached” into the box at section 8.2 of the
ET1 Form of Claim. Unfortunately, nothing was attached.
8. Section 9.1 of the ET1 Form of Claim provides for a Claimant to tick the requisite
boxes to indicate the remedy or remedies being sought. The Claimant ticked the
requisite boxes to indicate that she was claiming compensation and a
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