Claimant v Cadbury UK Limited
Outcome
Individual claims
The claims for failure to make reasonable adjustments were withdrawn by the claimant during the proceedings and dismissed by the tribunal upon withdrawal.
The tribunal found the harassment relating to disability claim to be unfounded and dismissed it. The tribunal concluded that the conduct alleged did not meet the legal threshold for harassment.
The tribunal found the direct disability discrimination claim to be unfounded and dismissed it. The evidence did not establish that the claimant was treated less favourably because of his disability.
Facts
Mr Parkes brought claims against Cadbury UK Limited for disability discrimination, including harassment, direct discrimination, and failure to make reasonable adjustments. The case proceeded to a four-day full merits hearing before a full panel at the Midlands West Employment Tribunal in September 2024.
Decision
The tribunal dismissed all claims. The failure to make reasonable adjustments claims were withdrawn by the claimant and dismissed upon withdrawal. The remaining claims for harassment relating to disability and direct disability discrimination were found to be unfounded and dismissed.
Practical note
A claimant pursuing disability discrimination claims must establish both the factual basis for less favourable treatment and harassment, and the necessary causal link to the protected characteristic; mere allegations without sufficient evidential support will result in dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 1304181/2023
- Decision date
- 28 February 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- solicitor