Claimant v Parker Hannafin Manufacturing Ltd
Outcome
Individual claims
Tribunal found claimant failed to prove he suffered substantial disadvantage from shift changes or workstation moves, finding no credible evidence of meltdown, shutdown, or mental trauma. Claimant worked for over a decade without raising concerns and did not mention these impacts in his detailed 40-page witness statement. The tribunal also found respondent did not know and could not reasonably have known of the alleged disadvantages despite extensive engagement.
Regarding noise-cancelling headphones with audio, tribunal found claimant failed to prove substantial disadvantage of 'burnout' from background noise. Medical reports did not support need for headphones with audio input. Additionally, providing headphones with audio would be unreasonable due to high safety risk in a manufacturing environment with machinery, alarms, and recent fire incident. Respondent had already provided noise-cancelling headphones without audio and agreed to safe space arrangements.
Claim under s.80G ERA 1996 for failure to notify outcome of flexible working request within statutory decision period failed. Tribunal found claimant made compliant first application on 1 March 2023 which he chose to abandon. Under s.80F(4) ERA 1996 (as applicable at the time), only one application permitted per 12 months. The October 2023 application was within 9 months of first application and therefore claimant was not entitled to make it, meaning respondent had no duty to respond within decision period.
Facts
Claimant, a production operative since 2012 with autism spectrum disorder, worked two-shift rotating pattern at respondent's manufacturing site. Following paternity leave and sickness absence in 2022 due to anxiety and care needs of newborn twins, respondent agreed temporary early shift arrangement. Claimant sought permanent early shift and noise-cancelling headphones with audio as reasonable adjustments. Respondent engaged extensively over 13 meetings, agreed numerous adjustments including noise-cancelling headphones without audio and safe space, but refused permanent early shift due to operational imbalance and refused headphones with audio due to safety risks in manufacturing environment.
Decision
Tribunal dismissed all claims unanimously. Found claimant failed to prove substantial disadvantage from shift changes or workstation moves, noting absence of evidence in witness statement, decade of working without complaint, and lack of medical support. Rejected claim for headphones with audio as claimant failed to prove disadvantage and adjustment would be unreasonable due to high safety risk. Flexible working claim failed as claimant's second application within 12 months was precluded by ERA 1996 s.80F(4) having abandoned first application.
Practical note
Credible evidence of substantial disadvantage is essential to reasonable adjustment claims; claimant's own testimony and contemporaneous complaints matter more than retrospective assertions, and safety considerations can render otherwise beneficial adjustments unreasonable.
Legal authorities cited
Statutes
Case details
- Case number
- 2502386/2023
- Decision date
- 29 January 2025
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- production operative
- Service
- 11 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister