HR Business Partner's disability and whistleblowing claims allowed to proceed despite strike-out bid
A tribunal has refused an employer's attempt to strike out claims of disability discrimination and victimisation brought by an autistic HR Business Partner who was dismissed after raising concerns about missing right-to-work documents.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a Human Resources Business Partner from 13 September 2021.
- The respondent conceded the claimant is disabled due to autism, anxiety, and depression.
- The claimant raised protected disclosures about missing right-to-work documentation from 20 October 2021.
- The claimant was dismissed with immediate effect on 2 November 2021.
- The respondent applied to strike out claims of failure to make reasonable adjustments, discrimination arising from disability, and victimisation.
- The tribunal refused the strike-out application, allowing the claims to proceed.
Timeline
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Employment started
Claimant began employment as HR Business Partner at Romac Logistics Ltd.
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Protected disclosures raised
Claimant raised concerns about missing right-to-work documentation with Finance Director David Graham.
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Sickness absence
Claimant was off sick on 26 and 27 October 2021.
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Audit and shouting incident
Claimant worked on an audit of employee files and raised concerns; Mr Graham shouted at her during a phone call.
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Sickness absence
Claimant was absent due to sickness on 1 and 2 November 2021.
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Dismissal
Claimant was dismissed with immediate effect via email and WhatsApp by David Graham.
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Appeal lodged
Claimant appealed against her dismissal.
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Appeal withdrawn
Claimant withdrew her appeal as she did not wish to be reinstated.
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Preliminary hearing
Employment Judge McDonald conducted a public preliminary hearing via CVP.
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Chamber deliberations
The judge considered the applications in chambers.
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Judgment issued
The tribunal refused the respondent's strike-out application.
The legal issue
The tribunal had to decide whether to strike out the employee's claims on the basis that they had no reasonable prospect of success, before they could be heard at a full trial.
The outcome
The tribunal refused the employer's application to strike out the claims.
Key reasons:
- The claims had already been allowed to proceed when the tribunal granted the claimant permission to amend her claim to add them, which required a finding that they had reasonable prospects of success.
- The tribunal noted that the respondent conceded the claimant's disability (autism, anxiety, and depression), and there were factual disputes about the employer's knowledge and the reasons for dismissal that needed to be resolved at a full hearing.
No compensation was awarded as this was a preliminary decision on strike-out, not the final hearing.
Lessons & takeaways
- Employers who concede a disability must ensure they consider reasonable adjustments and avoid discrimination arising from that disability, even if the employee has only recently started work.
- A strike-out application is unlikely to succeed if the tribunal has already allowed the same claims to be added by amendment, as that requires a finding of reasonable prospects.
- Employees with disabilities who are dismissed shortly after raising concerns should consider whether their dismissal may be linked to their disability or to protected disclosures, as both can form the basis of a claim.
What this case shows in practice
This case illustrates the hurdles employers face when trying to have discrimination claims thrown out at an early stage. The claimant, an HR Business Partner with autism, anxiety, and depression, was dismissed just seven weeks into her role after raising concerns about missing right-to-work documentation. The employer argued that her claims of failure to make reasonable adjustments, discrimination arising from disability, and victimisation had no reasonable prospect of success and should be struck out.
The tribunal disagreed. Employment Judge McDonald noted that the employer had already conceded the claimant's disability, and the claims had been allowed to proceed when the tribunal granted permission to amend the claim. The judge found that there were factual disputes — for example, whether the employer knew about the claimant's anxiety and depression, and whether the dismissal was linked to her disability or to her protected disclosures — that could only be resolved at a full hearing.
What the employer could have done differently
The employer's strike-out application was always going to be an uphill battle once the tribunal had already decided the claims had reasonable prospects of success. A more effective approach might have been to focus on gathering evidence to defend the claims at trial, rather than seeking to avoid a hearing altogether. Employers should also ensure that when a disability is conceded, they properly consider reasonable adjustments and document their decision-making, particularly when dismissing an employee with a known disability.
Why the result matters for similar claims
This decision reinforces that tribunals are reluctant to strike out discrimination claims at a preliminary stage unless they are clearly hopeless. For employees with disabilities who are dismissed shortly after raising concerns, this case shows that even a short period of employment does not automatically defeat a claim. The key is whether there is evidence linking the dismissal to the disability or to protected disclosures — and that is a question for a full hearing, not a strike-out application.
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