Claimant v Pilgrims Food Masters UK Limited
Outcome
Individual claims
Tribunal found treatment was not motivated by claimant's disability. Respondent would have treated a hypothetical comparator who had exhausted CSP for non-disability related absences in the same manner due to high sickness absence levels on site and need to strictly apply absence management policy.
Tribunal found including disability-related absences when calculating CSP eligibility was a proportionate means of achieving legitimate aims of managing absence and maintaining fair treatment. The refusal to exercise discretion to extend sick pay did not arise from disability but from claimant having Weil's disease while having exhausted CSP entitlement.
Tribunal found it would not be reasonable to expect employer to discount all disability-related absences when calculating CSP or to exercise discretion to pay CSP indefinitely. Such adjustments would place unreasonable financial burden on employer and remove incentive to return to work.
Facts
Claimant worked for respondent for over 20 years as dispatch team leader. He suffered from OCD, PTSD and dissociative personality disorder. He had multiple disability-related absences between 2019-2022, exhausting his 13-week company sick pay (CSP) entitlement in each rolling year. In January 2023 he was hospitalised with Weil's disease (non-disability related) but was only paid statutory sick pay as he had already exhausted CSP due to prior disability absences. He raised grievances which were unsuccessful. He resigned in August 2023 and brought discrimination claims.
Decision
Tribunal dismissed all claims. It found respondent did not directly discriminate as it would have treated non-disabled comparator who exhausted CSP the same way. The s.15 claim failed as including disability absences in CSP calculation and refusing discretionary extension were proportionate means of achieving legitimate aims of managing high sickness absence. Reasonable adjustments claim failed as automatically discounting all disability absences or paying CSP indefinitely would be unreasonable.
Practical note
Employers are not required to automatically discount all disability-related absences when calculating company sick pay entitlement or to exercise discretion to pay indefinitely, provided the absence management policy serves legitimate aims and is applied proportionately.
Legal authorities cited
Statutes
Case details
- Case number
- 2407357/2023
- Decision date
- 20 February 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Dispatch team leader
- Service
- 22 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep