An employment tribunal in Belfast has ruled that a former Marks and Spencer employee cannot add claims of victimisation to her existing case against the retailer. Catherine Stevenson had sought to amend her claim to include victimisation under disability and age legislation. Employment Judge Bell, sitting alone, determined that the existing claim form did not disclose such claims and that permission to amend should be refused.

Ms Stevenson is pursuing an unfair dismissal and disability discrimination claim against Marks and Spencer following her dismissal on 14 December 2022. She had been absent from work since June 2022 due to prolonged Covid-19 symptoms and a heart condition diagnosed in May 2021. Her dismissal was appealed but upheld. The tribunal heard that the manager who made the dismissal decision had joined the company in January 2022, and Ms Stevenson's historic grievances were not raised during the process.

The proposed victimisation claims related to events in 2018 and 2019, including a written warning following a period of sick leave and a grievance that was not upheld. Ms Stevenson argued that these matters showed she was treated differently after raising a grievance and that her age was a factor in her dismissal. However, Judge Bell found that the application did not set out an arguable case for victimisation, as the alleged protected acts and detriments were not sufficiently detailed.

Judge Bell also noted that the application was made late. The claim was originally presented in March 2023, but the request to add victimisation was not raised until April 2024. Ms Stevenson explained the delay was due to difficulty retaining a solicitor and her own inexperience with tribunal proceedings. The judge accepted this was a significant factor but not fatal on its own.

In refusing the amendment, the judge found that allowing the new claims would cause prejudice to Marks and Spencer. The company was unable to locate documentation relating to the 2019 warning or the 2018 grievance, and relevant witnesses had left its employment. The judge also considered that the historic matters had been the subject of a previous tribunal claim in 2019, which was withdrawn and dismissed, raising res judicata concerns.

The decision means the case will proceed on the original claims of unfair dismissal, direct disability discrimination, disability-related discrimination, and failure to make reasonable adjustments. Marks and Spencer accepts that Ms Stevenson has a disability. The full hearing is yet to be listed.