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Case Summary

The claimant sought to amend his claim form to add a disability discrimination complaint approximately 30 months after the last alleged incident and on the eve of the final hearing. The tribunal refused to extend time, finding that the claimant must have been aware of the OHS report in 2021 confirming his thyroid condition qualified as a disability under the Equality Act 2010, and that he had not acted promptly or provided good reason for the substantial delay.

The tribunal found it was not just and equitable to extend time for the disability discrimination claim. The last incident complained of occurred in 2021, and the claim was brought in December 2025 - over 30 months late. The claimant was aware of the OHS report in 2021 which clearly indicated his thyroid condition qualified as a disability under the Equality Act 2010, and he had failed to raise the discrimination claim at two case management hearings before belatedly applying to amend just before the final hearing. The tribunal found no good reason for the delay and that the claimant had not acted promptly.

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• •Whether it was just and equitable to extend time for disability discrimination claim under s.123(1)(b) of the Equality Act 2010
• •Whether the claimant had knowledge of potential disability discrimination claim from OHS report dated 29 April 2021
• •Delay in bringing amendment application (over 30 months after last incident, 10 months before final hearing)

The full source document is available from the official publication page.