Claimant v The Sheffield College of Further Education

Outcome

Facts

The claimant brought claims of indirect disability discrimination and victimisation against the Sheffield College. The respondent applied to strike out the claims based on alleged unreasonable conduct arising from incidents at a student showcase event on 25 June 2025. Three incidents were alleged: a comment by the claimant's witness, an alleged hand gesture by the claimant towards respondent's witnesses, and an incident between the claimant's witness and a respondent witness in a corridor. The tribunal heard evidence from both parties on the strike-out application.

Decision

The tribunal dismissed the respondent's strike-out application. The tribunal found that one alleged incident did not occur (the hand gesture), and the other incidents were either not the claimant's conduct or did not amount to unreasonable conduct affecting the fairness of the trial. The tribunal held that striking out would be disproportionate at the point of trial, particularly where adjustments such as screens could enable witnesses to give evidence.

Practical note

Legal authorities cited