Claimant v Thorntoun Limited
Outcome
Individual claims
The tribunal held a preliminary hearing to determine whether the claimant was disabled within the meaning of the Equality Act 2010. The tribunal concluded that the claimant did not meet the statutory definition of disability. Accordingly, the claim of disability discrimination was dismissed as the claimant did not have the protected characteristic.
Facts
Mr Ndema brought a claim of disability discrimination against his employer, Thorntoun Limited. A preliminary hearing was held by video to determine whether he met the statutory definition of disability under the Equality Act 2010. The claimant represented himself and the respondent was represented by an in-house senior administrator.
Decision
Employment Judge Mackay determined that the claimant was not disabled as defined in the Equality Act 2010. As a result, the disability discrimination claim was dismissed because the claimant did not possess the protected characteristic required to bring such a claim.
Practical note
A disability discrimination claim cannot succeed if the claimant does not meet the statutory definition of disability under the Equality Act 2010, making a preliminary hearing on disability status a crucial threshold issue.
Legal authorities cited
Statutes
Case details
- Case number
- 8001391/2025
- Decision date
- 15 December 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No