Claimant v BerryWorld Limited
Outcome
Individual claims
Between 8 and 15 March 2021, arriving at a predetermined grievance decision. Ms Wade spoke to Ms Rezk (subject of grievance) before speaking to claimant, sent email suggesting settlement or face tribunal claim, showing predetermination and lack of independence. Tribunal found this was due to disability.
From 3 to 4 March 2021, putting pressure on claimant at meetings to leave job by falsely telling her she had been scored lowest. Claimant was struggling to carry out work duties due to worsening mental health from disability. Ms Rezk lied that line manager had scored her lowest to pressure her into settlement.
Failure to provide suitable chair for working from home between June 2020 and January 2021. Claimant was severely underweight due to anorexia and suffered pain from sitting. She repeatedly complained from May 2020 but chair not provided until January 2021 despite respondent being aware of need.
Dismissal was unfair because there was insufficient evidence of genuine redundancy situation. Decision to dismiss claimant was made on 3 March 2021 before any scoring or proper process. Ms Rezk lied about scoring. Reason for dismissal was decision not to continue supporting claimant, not genuine redundancy.
Training detriment occurred before protected act (8 March grievance) so cannot be victimisation. Dismissal: although occurred after protected acts, respondent's intention to dismiss was formed on 3 March 2021 before protected acts, so dismissal not because of protected acts.
Facts
Claimant worked as Business Analyst for agricultural company from August 2018. She had anorexia, depression and anxiety. During COVID pandemic from March 2020 she was furloughed then worked from home in difficult conditions without suitable chair, causing pain due to being underweight. Her mental health deteriorated and she required significant support from managers. On 3-4 March 2021 she was pressured to accept £5,000 settlement to leave, falsely told her line manager had scored her lowest for redundancy. She raised grievance 8 March which HR predetermined, suggesting she would use disability to bring tribunal claim. Formal redundancy process followed but tribunal found no genuine redundancy situation. Dismissed 31 July 2021.
Decision
Tribunal found discrimination in: predetermined grievance outcome; discriminatory email comment about using disability for tribunal claim; pressure to leave job in March meetings; dismissal due to struggling with work from disability; failure to provide suitable chair June 2020-January 2021. Unfair dismissal succeeded as no genuine redundancy - decision made 3 March before proper process, based on not wanting to continue supporting claimant. Most other discrimination and reasonable adjustment claims failed. One discrimination claim (June 2020 comment) found out of time.
Practical note
Employers must not predetermine grievance outcomes or pressure disabled employees to leave by falsely claiming they have been scored for redundancy, and must provide reasonable adjustments like suitable home-working equipment when repeatedly requested.
Legal authorities cited
Statutes
Case details
- Case number
- 3311726/2021
- Decision date
- 8 October 2024
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Sector
- agriculture
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- App Support, promoted to Junior Business Analyst
- Service
- 3 years
Claimant representation
- Represented
- No