Ms D Gemmell v Police Scotland

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4103016/2023 5 Held in Glasgow on 8 August 2024 Employment Judge P O’Donnell Members Ms M McAllister and Ms J Ward 10 Ms D Gemmell Claimant Represented by: Mr D Jaap - Solicitor 15 Police Scotland Respondent Represented by: Ms V Ali - Solicitor 20

JUDGMENT OF THE EMPLOYMENT TRIBUNAL The unanimous judgment of the Employment Tribunal given orally at the hearing is that the claimant’s application of 8 August 2024 to amend her claim is refused

REASONS 25 1. The claimant has applied to amend her ET1 to add a new claim of victimisation under s27 of the Equality Act 2010. The application was made partway through a multiple day final hearing to determining existing claims of direct disability discrimination and victimisation.

2. The detriments to which the claimant says she was subject were the 30 respondent’s alleged withdrawal of her status as “ill health retained” and their withdrawal of the admission in the ET3 that she had that status. The protected acts which are said to have caused these detriments are those already pled in the ET1 in respect of the existing complaints of victimisation. 4103016/2023 Page 2

3. The Tribunal has a general power to make case management orders which includes the power to allow amendments to a claim or response in terms of Rule 29.