Claimant v St. Paul's School

The tribunal found that at the relevant times the claimant was not a disabled person for the purposes of section 6(1) of the Equality Act 2010. Without meeting the threshold requirement of being a disabled person, the claim for direct disability discrimination could not succeed and consequently fell away.

The tribunal dismissed the claim for direct disability discrimination under section 13 of the Equality Act 2010 because the claimant did not meet the statutory definition of a disabled person. Without establishing disability status, discrimination on grounds of disability cannot be made out.

The tribunal found that the claimant was dismissed for reason of her conduct and that this dismissal was fair. The respondent evidently satisfied the tribunal that it had a genuine belief in misconduct, conducted a reasonable investigation, and followed a fair procedure, making the dismissal fall within the band of reasonable responses.