Claimant v Pars Foods Ltd
Outcome
Individual claims
This claim remains live and was not the subject of the strike-out application. No determination was made at this preliminary hearing.
Application to amend the claim to add direct discrimination was refused at the preliminary hearing on 17 November 2025.
Application to amend the claim to add indirect discrimination was refused at the preliminary hearing on 17 November 2025.
Application to amend the claim to add harassment was refused at the preliminary hearing on 17 November 2025.
Claim of discrimination arising from disability under Equality Act 2010 remains live and was not the subject of the strike-out application at this hearing.
Struck out as having no reasonable prospect of success because the claimant was certified unfit for work from 18 April 2024 until dismissal on 11 February 2025 and never indicated she could return to work with adjustments. The tribunal found the obligation to make reasonable adjustments was not triggered on these undisputed facts.
The respondent's application to strike out the victimisation claim was refused. The tribunal concluded it needs to hear evidence about whether the claimant's grievance was a protected act and about the alleged detriments before determining the merits. Strike-out was not appropriate at this stage.
Facts
The claimant was employed by Pars Foods Ltd and was certified unfit for work from 18 April 2024. She was dismissed on 11 February 2025 while still signed off sick. Throughout this period she did not inform the respondent when she might be able to return to work, and fit notes consistently recorded her as not fit for work. She brought claims including unfair dismissal, discrimination arising from disability, failure to make reasonable adjustments, and victimisation. The respondent applied to strike out the reasonable adjustments and victimisation claims.
Decision
The tribunal struck out the failure to make reasonable adjustments claim as having no reasonable prospect of success, finding the duty to make adjustments was not triggered because the claimant was continuously unfit for work with no indication of when she could return. The tribunal refused to strike out the victimisation claim, finding it needed to hear evidence about whether the grievance was a protected act and about the alleged detriments. The deposit order application was also refused.
Practical note
An employer's duty to make reasonable adjustments is not triggered where an employee is continuously certified unfit for work and cannot indicate when they might return, even with adjustments.
Legal authorities cited
Statutes
Case details
- Case number
- 8001167/2025
- Decision date
- 16 December 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Pars Foods Ltd
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No