Claimant v Nestle UK Limited
Outcome
Individual claims
The claimant withdrew their complaint of ordinary unfair dismissal under section 98 of the Employment Rights Act 1996 at the preliminary hearing. The tribunal dismissed the claim upon withdrawal.
The claimant withdrew their complaint of unlawful disability discrimination under the Equality Act 2010 at the preliminary hearing. The tribunal dismissed the claim upon withdrawal.
The claimant withdrew their complaint of failure to make reasonable adjustments under the Equality Act 2010 at the preliminary hearing. The tribunal dismissed the claim upon withdrawal.
Facts
The claimant, Mr J Mfuri, brought claims against Nestle UK Limited including ordinary unfair dismissal and disability discrimination (including failure to make reasonable adjustments). At a preliminary hearing conducted remotely, the claimant also applied to strike out the respondent's response on the basis it was presented out of time. The claimant was unrepresented while the respondent was represented by counsel.
Decision
The tribunal refused the claimant's application to strike out the respondent's response, finding it was not presented out of time. The claimant then withdrew both their unfair dismissal claim and disability discrimination claims, which were dismissed upon withdrawal. Case management orders were made for the further conduct of remaining claims.
Practical note
A preliminary hearing can resolve multiple procedural issues including timeliness challenges and withdrawal of claims, with remaining claims proceeding under case management orders.
Legal authorities cited
Statutes
Case details
- Case number
- 6019708/2024
- Decision date
- 20 January 2026
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No