Claimant v Inglenorth Contracting Limited
Outcome
Individual claims
The complaint of failure to make reasonable adjustments contrary to sections 20 & 21 Equality Act 2010 was withdrawn by the first claimant at the preliminary hearing.
After hearing submissions from both parties and reviewing the grounds of complaint, the tribunal determined that the harassment claim had no reasonable prospects of success and struck it out under Rule 38(1)(a).
Facts
The first claimant brought disability discrimination claims against her employer relating to failure to make reasonable adjustments and harassment. Early conciliation took place from 14 August to 18 September 2024. A second claimant, the first claimant's partner, was erroneously named on the same claim form but had a separate unfair dismissal claim. The tribunal raised concerns that the claims had little or no reasonable prospect of success and listed a preliminary hearing to consider strike out.
Decision
The tribunal dismissed the reasonable adjustments claim upon withdrawal by the claimant. After hearing submissions, the tribunal struck out the harassment claim under Rule 38(1)(a), determining it had no reasonable prospects of success. The second claimant's duplicate claim was dismissed upon withdrawal.
Practical note
A disability harassment claim struck out at preliminary hearing for having no reasonable prospects of success demonstrates the importance of clearly pleading viable claims with sufficient factual foundation from the outset.
Legal authorities cited
Statutes
Case details
- Case number
- 2406679/2024
- Decision date
- 25 April 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- construction
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- solicitor