Cases2502386/2023

Claimant v Parker Hannafin Manufacturing Ltd

29 January 2025Before Employment Judge JeramNewcastlein person

Outcome

Claimant fails

Individual claims

Failure to Make Reasonable Adjustments(disability)failed

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.

Failure to Make Reasonable Adjustments(disability)failed

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.

Otherfailed

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

Browne v The Commissioner of Police of the Metropolis UKEAT/0278/17/LASussex Peerage Case (1844) 1 Cl & Fin 85Linsley v HMRC UKEAT/0150/18/JOJ

Statutes

Equality Act 2010 s.212Equality Act 2010 s.21Equality Act 2010 s.20Employment Rights Act 1996 s.80GEquality Act 2010 Schedule 8 para 20(1)Employment Rights Act 1996 s.80F

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