The claimant had been employed until 2021, having been off sick since April 2019. He first brought claims for discrimination while still employed in 2020 with a second claim made in 2021, stating he had been dismissed for making a protected disclosure. It was accepted by the respondent that the claimant had a disability for the purpose of the Equality Act. There had been 8 preliminary hearings in the case so far.

There were 5 grounds of appeal to the EAT and Michael Ford KC, sitting as a Deputy High Court Judge, dismissed them all. The EJ’s had:

1) made reasonable adjustments for the claimant’s status as an LiP and to take into account the insufficient particularisation of the claim, even though the claimant had cognitive difficulties

2) correctly directed themselves on the claimant’s conduct in relation to a costs order; the EJ was not required to consider every possible explanation

3) did not err in deciding that a costs award of £7,500 was reasonable and proportionate: an employment tribunal is not restricted to considering whether the costs order can be paid by the date it is payable

4) had not erred when deciding an order granting the claimant access to his e-mail inbox or outlook calendar fell outside the Tribunal Rules of Procedure, nor in deciding an order for disclosure of e-mails and calendar information was too wide.

5) were correct to restrict a list of issues for the final hearing to matters which were pleaded by the claimant and matters in his further and better particulars which properly fell within the scope of the pleaded case.