Cases1310822/2022

Claimant v DHL Services Limited

10 January 2025Before Employment Judge FaulknerMidlands Westin person

Outcome

Claimant fails

Individual claims

Failure to Make Reasonable Adjustments(disability)failed

The tribunal found the respondent did not fail to make reasonable adjustments in relation to arranging colleague assistance with lifting, permitting scanning work only, providing an electric pump truck, or redeploying to a non-lifting role. Additionally, the claim was presented outside the statutory time limit and the tribunal found it was not just and equitable to extend time, meaning the tribunal had no jurisdiction to hear it.

Direct Discrimination(disability)failed

The tribunal found the respondent did not discriminate against the claimant because of her disability when sending her home and/or refusing to allow her to continue working on 4 October 2021. The claim was also out of time and the tribunal found it was not just and equitable to extend time, depriving the tribunal of jurisdiction.

Discrimination Arising from Disability (s.15)(disability)failed

The tribunal found that while the respondent did discriminate by sending the claimant home on 4 October 2021 because of something arising from her disability, this action was a proportionate means of achieving a legitimate aim and therefore justified. The claim was also out of time and the tribunal found it was not just and equitable to extend time.

Working Time Regulationsfailed

The claimant's complaint that the respondent refused to permit her to exercise her right to paid annual leave for the period 22 September 2022 to 3 October 2022 under regulations 13 or 13A of the Working Time Regulations 1998 was not well-founded.

Unlawful Deduction from Wagesfailed

The claimant's complaint that the respondent made unauthorised deductions from her wages for some or all of the period between 4 October 2021 and 18 December 2022 was not well-founded.

Facts

The claimant, a warehouse operative with a disability requiring lifting restrictions, was sent home by the respondent on 4 October 2021 after presenting a medical note restricting her lifting capacity. She brought claims relating to failure to make adjustments including colleague assistance with lifting, scanning-only work, provision of electric pump trucks, and alternative redeployment. She also claimed holiday pay denial for a period in September 2022 and unauthorised wage deductions between October 2021 and December 2022.

Decision

The tribunal dismissed all claims. The disability discrimination claims failed on merits and were also out of time with no just and equitable extension granted. Where discrimination arising from disability was found, it was justified as proportionate. The holiday pay and unlawful deduction claims were not well-founded.

Practical note

Even where an employer's treatment of a disabled employee may constitute discrimination arising from disability, it can be justified if shown to be a proportionate means of achieving a legitimate aim, and claimants must be mindful of strict time limits in discrimination cases.

Legal authorities cited

Statutes

Equality Act 2010 s.39Working Time Regulations 1998 reg.13Working Time Regulations 1998 reg.13A

Case details

Case number
1310822/2022
Decision date
10 January 2025
Hearing type
full merits
Hearing days
5
Classification
contested

Respondent

Sector
logistics
Represented
Yes
Rep type
barrister

Employment details

Role
warehouse operative

Claimant representation

Represented
Yes
Rep type
barrister