Cheshire and Wirral Partnership NHS Foundation Trust

Case Summary

The case involved a claimant seeking amendments to his claims and addressing disability discrimination and protected disclosure issues. The Employment Judge dismissed applications for an unless order and strike out, granting leave to amend the claims instead.

• •failure to make reasonable adjustments under section 20-21 of the Equality Act 2010
• •protected disclosure detriment

EMPLOYMENT TRIBUNALS Claimant: Mr A Waddington Respondent: Cheshire and Wirral Partnership NHS Foundation Trust Heard at: Liverpool (in private; By Video) On: 06 January 2025 Before: Employment Judge Shotter, (sitting alone) REPRESENTATION: Claimant: in person Respondent: Ms L Rogers-solicitor JUDGMENT The judgment of the Tribunal is: 1. The applications made by the claimant on 27 December 2024 to strike out the response form is dismissed. 2. The application made by the claimant on 12 November 2024 for an unless order is dismissed. 3. The claimant is granted leave to amend his claims and the document titled “ET1-8.2 1 amendment” shall stand as the claimant’s Particulars of Claim in this case. REASONS 1) This was a public hearing to consider the claimant’s application for an unless order dated 12 November 2024 and strike out the respondent’s defence set out in two emails both dated 27 December 2024, which have been dismissed today. I also heard the claimant’s application to amend his claims. The strike out application was followed by a private preliminary hearing for case management purposes and case management orders were made in a separate document sent to the parties. As a reasonable adjustment the claimant was offered breaks during this hearing. 2) The claimant was employed from the 4 February 2011 as a admin assistant on band 2 and remains employed to date although he is not physically working pending the respondent finding him a role that complies with the reasonable adjustments suggested by occupational health, including the type of lighting the claimant can work under and the physical state of the workplace. The claimant remains on full pay. Amended claims 3) In his Claim Form the claimant pleaded disability discrimination failure in the duty to make reasonable adjustments under section 20-21 of the Equality act 2010 (“the EqA”) and protected di…