Mr M H Shabir v Turning Point — 2021

The Claimant worked as a Support Worker for the Respondent from 19 November 2018 to 10 July 2020. At the preliminary hearing he withdrew his notice pay claim after accepting that he had received that payment. His holiday pay and overtime or other payments claims were not determined in this judgment and he was ordered to provide further details.

The unfair dismissal claim was struck out. The Tribunal found that, because the Claimant had less than two years' continuous employment, he could only proceed if the sole or principal reason for dismissal fell within an exception in s.108(3) ERA 1996. It considered the possible health and safety exception in s.100(1)(d) ERA 1996, but found no reasonable prospect of establishing that the circumstances on 13 June 2020 involved a serious and imminent danger to health or safety within that provision.

The Tribunal treated the disability discrimination complaints as allegations of failure to make reasonable adjustments and/or indirect discrimination relating to coeliac disease. It found no reasonable prospect of establishing that the practices complained of put the Claimant at a particular or substantial disadvantage compared with employees without coeliac disease. For leftover food, it also found that requiring the Respondent to buy additional gluten-free food would not be a reasonable adjustment and that the practice of offering leftover food would be objectively justified by the aim of preventing food waste.