Veolia ES UK Ltd

1 EMPLOYMENT TRIBUNALS Claimant: Ms E Lewis Respondent: Veolia ES UK Ltd Heard at: Cardiff by CVP On: 14 August 2025 Before: Employment Judge C Sharp (sitting alone) Representation: Claimant: Not in attendance – not excused Respondent: Mr S Healy (Counsel) JUDGMENT 1. The Claimant’s application to amend dated 9 January 2025 to add a claim of constructive unfair dismissal is refused. The Claimant did not have the required two years’ service. The Claimant did not apply to amend to add claims of automatic unfair dismissal under s.101A Employment Rights Act 1996, failure to make reasonable adjustments under s20/21 Equality Act 2010, direct sex discrimination under s13 Equality Act 2010, or victimisation under s27 Equality Act 2010. Those claims are not within the ET1. They do not form part of the claim. The Claimant never disputed the list of issues prepared by Judge Brace on 3 January 2025 or argued that the automatic unfair dismissal claim was within the ET1 or before the Tribunal today. 2. The Claimant’s claims of detriment due to a breach of the Working Time Regulations and/or a breach of the Working Time Regulations under Regulation 11 appear to have been abandoned. They are not part of the claims the Claimant now says she is seeking to advance. Out of an 2 abundance of caution, the Tribunal has reviewed the matter on the basis of the evidence before it and considers that it has no reasonable prospect of success as there has been no breach of Regulation 11 as asserted by the Claimant - it is lawful to require a worker to work 12 days in a row, provided they have 48 hours uninterrupted rest. The Claimant accepted that the one admitted breach in March 2024 was a one-off occasion, but her case is that having to work 12 days in a row was the reason she resigned; she is not relying on the one breach of ...