Cases1400752/2024

Claimant v DR Groundworks Ltd

24 November 2025Before Employment Judge D Gray-JonesBristolremote video

Outcome

Partly successful

Individual claims

Discrimination Arising from Disability (s.15)(disability)failed

The tribunal found that the Claimant was not a disabled person within the meaning of s.6 Equality Act 2010 at the time of the alleged discrimination. Without establishing disability status, the claim of discrimination arising from disability could not succeed.

Failure to Make Reasonable Adjustments(disability)failed

The tribunal found that the Claimant was not a disabled person within the meaning of s.6 Equality Act 2010 at the time of the alleged discrimination. Without establishing disability status, the claim for failure to make reasonable adjustments could not succeed.

Harassment(disability)failed

The tribunal found that the Claimant was not a disabled person within the meaning of s.6 Equality Act 2010 at the time of the alleged discrimination. Without establishing disability status, the claim of harassment related to disability could not succeed.

Unfair Dismissalnot determined

This claim remains listed for a full hearing and has not yet been determined. The preliminary hearing addressed only the disability status issue.

Wrongful Dismissalnot determined

This claim remains listed for a full hearing and has not yet been determined. The preliminary hearing addressed only the disability status issue.

Facts

The Claimant brought claims against his former employer DR Groundworks Ltd including disability discrimination claims and claims for unfair and wrongful dismissal. At a preliminary hearing, the tribunal was asked to determine whether the Claimant was a disabled person within the meaning of the Equality Act 2010 at the relevant time.

Decision

The tribunal found that the Claimant was not a disabled person within the meaning of s.6 Equality Act 2010 at the time of the alleged discrimination. Consequently, all disability-related claims were dismissed. The unfair dismissal and wrongful dismissal claims remain to be heard at a full merits hearing.

Practical note

A preliminary hearing on disability status can dispose of all disability-related claims if the claimant fails to establish they meet the statutory definition of disability under s.6 Equality Act 2010, while other claims proceed.

Legal authorities cited

Statutes

Equality Act 2010 s.6

Case details

Case number
1400752/2024
Decision date
24 November 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
construction
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
barrister