A former worker at Banham Poultry has lost a claim that she was left permanently disabled by a chemical leak at its factory.

Joana Francisco says she was unfairly dismissed by the company two months after a spill that saw 11 people taken to hospital.

Eastern Daily Press: Workers were evacuated after chlorine spill at Banham Poultry factory Workers were evacuated after chlorine spill at Banham Poultry factory (Image: Newsquest)

An employment tribunal in Norwich has now ruled against her claims that this was the result of disability discrimination as she was unfit to work.

However, employment judge Moore said her claim of unfair dismissal could still proceed. 

Emergency services, including specialist Hazmat teams, were called and workers were evacuated after the chemical incident at the Attleborough factory on August 4, 2021.

READ MORE: Eleven people taken to hospital after Banham Poultry chemical spill

Fourteen people were treated at the site, with 11 taken to the Norfolk and Norwich University Hospital (NNUH).

The Health and Safety Executive (HSE) launched an investigation.

In evidence to the tribunal Miss Francisco said she had inhaled chlorine gas and had later attended A&E at the James Paget Hospital complaining of feeling dizzy, headaches and a sore throat.

Eastern Daily Press: Health and Safety Executive investigations were undertaken after the factory chemical spillageHealth and Safety Executive investigations were undertaken after the factory chemical spillage (Image: Newsquest)

Although she briefly returned to work, the Portuguese employee was certified as unfit to work, initially due to gas exposure, on three occasions up to September 17.

However, Banham Poultry told the hearing they had received no further medical certificates after that and when she failed to respond she was sacked on October 14.

READ MORE: Health and safety 'enquiries' made into chemical spill at Banham Poultry

Ruling against her the tribunal dismissed her claims that she was permanently disabled at that time “because the symptoms that she complains about had not lasted for at least 12 months”.

Eastern Daily Press: Joana Francisco claims she was unfairly dismissed from her job at Banham PoultryJoana Francisco claims she was unfairly dismissed from her job at Banham Poultry (Image: Newsquest)

“Nor is there any evidence on which I could say that it was something that would be likely to recur,” said Judge Moore

He said Miss Francisco had also produced no “cogent evidence” that she was continuing to suffer from dizziness, headaches and leg pain.

Banham Poultry was bought by 2 Sisters Food Group, owners of turkey giant Bernard Matthews, at the end of October 2021.