J Kofkin v Warburtons Limited

Facts

The claimant has worked for Warburtons Limited, which makes bread and other baked products, as a secondary driver since 2018; it was not disputed that he has the disability of generalised anxiety disorder. In July 2021 the respondent decided to implement a change called Route Rationalisation, under which deliveries to any given customer would be made on only three days a week, so that a driver working the four days on, two days off pattern could no longer expect to drive the same route each working day. The claimant began a phased return from sickness absence on 22 July 2021 on route 752; the tribunal found that route had permanently disappeared by no later than 2 September 2021. Discussions followed about a possible new route incorporating the old 752 patch, but the claimant went off sick again and remained absent until 15 February 2022. Following ACAS early conciliation commencing on 15 April 2022 he presented a claim form on 23 June 2022; an application to amend made on 22 July 2022 added the reasonable adjustments complaint, permitted on 12 November 2022 subject to a live time point. At a full merits hearing at Watford in February 2024 before EJ Quill and members, one complaint of discrimination arising from disability succeeded and compensation was awarded; the reasonable adjustments complaint was out of time and time was not extended. The claimant appealed.