Claimant v Drywall Solutions UK Limited
Outcome
Individual claims
Preliminary hearing on respondent's strike-out application. Tribunal refused to strike out the claim, finding a clear factual dispute on whether the job offer was withdrawn due to disability. Matter to proceed to full merits hearing.
Preliminary hearing only. Respondent's application for strike-out refused. Tribunal found claim had reasonable prospects of success given factual dispute over reasons for withdrawal of job offer.
Preliminary hearing only. Strike-out application refused. Claim to proceed to full merits hearing where evidence will be assessed.
Preliminary hearing only. Respondent's application for strike-out and deposit order refused. Tribunal found claim had reasonable prospects and should proceed to full hearing.
Preliminary hearing only. Strike-out application refused as tribunal found claim had reasonable prospects given factual dispute. To be determined at full merits hearing.
Facts
Claimant, aged 60, applied for part-time Finance Director position in September 2019. Received verbal job offer on 8 October 2019 but offer was withdrawn on 24 October 2019. Claimant has multiple disabilities including chronic IBS, prostate and bladder neck obstruction, stress, depression, panic attacks and Seasonal Affective Disorder. Factual dispute exists over whether job offer was withdrawn due to claimant's disability. Respondent applied to strike out disability discrimination claims on grounds of unreasonable conduct, failure to pursue claim, and impossibility of fair trial.
Decision
Tribunal refused respondent's application for strike-out and deposit order. Judge found claimant's requests for reasonable adjustments (CVP refusal, late start times, transfer to Central London, postponement for pre-booked holiday) were not unreasonable conduct and were supported by medical evidence. Tribunal held fair trial was still possible despite delay, and claim had reasonable prospects of success given clear factual dispute over reasons for withdrawal of job offer.
Practical note
Reasonable adjustment requests by disabled claimants, even if they cause delay or inconvenience, will not justify strike-out where properly supported by medical evidence and necessary to ensure equal access to justice.
Legal authorities cited
Statutes
Case details
- Case number
- 3303359/2020
- Decision date
- 28 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Finance Director (part time)
Claimant representation
- Represented
- Yes
- Rep type
- barrister