Claimant v City & Essex Limited
Outcome
Individual claims
The tribunal determined at a preliminary hearing that the claimant was not a disabled person within the meaning of section 6 Equality Act 2010 because of chronic bronchitis. As disability status is a prerequisite for this claim, it was dismissed.
The tribunal found that the claimant did not meet the statutory definition of disability under section 6 Equality Act 2010 in relation to chronic bronchitis. Without establishing disabled status, the claim for failure to make reasonable adjustments could not succeed and was dismissed.
Facts
The claimant brought disability discrimination claims against her employer based on chronic bronchitis. The respondent challenged whether she met the legal definition of disability. A preliminary hearing was held by video to determine this threshold issue.
Decision
The tribunal found that the claimant was not a disabled person within the meaning of section 6 Equality Act 2010 because of chronic bronchitis. Both the discrimination arising from disability claim and the failure to make reasonable adjustments claim were dismissed as disability status is a prerequisite.
Practical note
Claimants must establish they meet the statutory definition of disability under section 6 Equality Act 2010 as a threshold requirement before disability discrimination claims can proceed.
Legal authorities cited
Statutes
Case details
- Case number
- 2200665/2025
- Decision date
- 24 November 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- Yes
- Rep type
- union