Claimant v Aegon UK Corporate Services Limited
Outcome
Individual claims
This is a preliminary hearing on respondent's strike-out application. The tribunal refused the application and held the discrimination arising complaint (performance support agreement due to failure to provide Dragon software impacting performance) has reasonable prospects of success. Full merits not yet determined.
Three complaints: (1) failure to provide Dragon software as auxiliary aid; (2) failure to provide training on Dragon software - respondent applied to strike out but tribunal refused, finding arguable delay in providing software and training until 21 May from start date 1 February; (3) failure to move desk closer to toilets given mobility issues - tribunal refused strike-out, finding this stateable. Full merits not yet determined.
Two complaints: (1) manager shouted at claimant to put phone down during video call minutes after claimant had seizure and sent emergency alert; (2) manager questioned claimant at outset of grievance meeting about union involvement. Respondent did not oppose amendment to add harassment complaint no. 1. Full merits not yet determined.
Protected act: grievance raised 29 March 2024 alleging reasonable adjustments not made. Alleged detriment: placed on performance support agreement on 10 June 2024, two weeks after grievance submitted. Full merits not yet determined.
Facts
Claimant was employed as Senior IT Auditor from February to July 2024. He has Multiple Sclerosis with symptoms including mobility issues and vision problems. Occupational Health recommended prior to start date that he be provided with voice-to-text technology (Dragon software), seated close to disabled toilets, and given reasonable adjustments. Claimant alleges Dragon software was not installed until 8 April and he did not receive training until 21 May. He also alleges his desk was not moved closer to toilets despite mobility issues causing toilet-related accidents. He raised grievance 29 March 2024 and was placed on Performance Support Agreement 10 June 2024. He resigned 23 July 2024.
Decision
This was a preliminary hearing on the respondent's application to strike out or impose deposit orders on two reasonable adjustment complaints. The tribunal refused both applications, finding the complaints have reasonable prospects of success. The tribunal clarified that the physical feature in complaint no. 2 was the laptop computer which claimant could not properly use without training on Dragon software, and there was arguable delay in providing this. For complaint no. 3, the physical feature was the distance from desk to toilets, and this was stateable. The case will proceed to full merits hearing.
Practical note
Even where contemporaneous documentation appears to contradict a claimant's disability discrimination allegations, tribunals will refuse strike-out applications if the claimant's case taken at its highest shows more than fanciful prospects of success, particularly where there are disputes about timing and adequacy of adjustments.
Legal authorities cited
Statutes
Case details
- Case number
- 8001170/2024
- Decision date
- 10 November 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- financial services
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Senior IT Auditor
- Service
- 5 months
Claimant representation
- Represented
- Yes
- Rep type
- solicitor