Claimant v WCF Limited
Outcome
Individual claims
This was a preliminary hearing to determine a strike-out and deposit order application only. The tribunal refused to strike out the disability discrimination claim (based on associative discrimination relating to the claimant's wife's terminal cancer) finding there were clear disputes of fact on key issues not capable of determination without hearing evidence. The merits will be determined at a full hearing.
This claim was mentioned as part of the overall case but was not the subject of this preliminary hearing. It will be determined at the full merits hearing.
Notice pay claim mentioned but not determined at this preliminary hearing. It will be determined at the full merits hearing.
Facts
In January 2023 the claimant learned his wife had terminal brain cancer. Shortly after, the respondent put him on a performance improvement plan (related to earlier failure to tax company vehicles in October 2022), removed his email access, and allegedly excluded him from communications. He claims this treatment amounted to associative disability discrimination. The respondent argued the performance issues predated knowledge of his wife's illness and were genuine concerns.
Decision
The tribunal refused the respondent's application to strike out the disability discrimination claim and refused to make a deposit order. There were clear factual disputes on key issues that could not be determined without hearing evidence at a full merits hearing. The tribunal could not conclude the claim had no reasonable prospect or little reasonable prospect of success.
Practical note
Associative disability discrimination claims involving factual disputes about timing and motivation cannot be struck out at a preliminary stage, even where the respondent presents an alternative explanation for the treatment.
Legal authorities cited
Statutes
Case details
- Case number
- 2409028/2023
- Decision date
- 31 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- WCF Limited
- Sector
- other
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister