Cases8001010/2025

Claimant v Royal Mail Group Limited

21 November 2025Before Employment Judge Gordon WalkerScotlandin person

Outcome

Other

Individual claims

Unlawful Deduction from Wagesnot determined

This claim for arrears of pay was identified but not determined at this preliminary hearing which focused on disability status only. It remains to be decided at the final hearing listed for 5-7 November 2025.

Holiday Paynot determined

This claim for holiday pay was identified but not determined at this preliminary hearing which focused on disability status only. It remains to be decided at the final hearing listed for 5-7 November 2025.

Automatic Unfair Dismissalnot determined

This claim for unfair dismissal for asserting a statutory right was identified but not determined at this preliminary hearing. The tribunal found the claimant was disabled during the relevant period (4 November 2024 to 5 March 2025), which may be relevant to the dismissal claim at the final hearing.

Victimisationnot determined

This victimisation claim was identified but not determined at this preliminary hearing which focused on disability status only. It remains to be decided at the final hearing listed for 5-7 November 2025.

Direct Discrimination(disability)not determined

This claim of direct disability discrimination under s.13 Equality Act 2010 was identified by Judge Robison at an earlier case management hearing. It was not determined at this preliminary hearing which focused solely on establishing disability status, which the tribunal found proven.

Discrimination Arising from Disability (s.15)(disability)not determined

This claim of discrimination arising from disability under s.15 Equality Act 2010 alleged unfavourable treatment through dismissal and failure to follow procedures because the claimant was off sick with anxiety due to non-payment of wages. The tribunal found disability status established but the substantive claim remains to be determined at the final hearing.

Failure to Make Reasonable Adjustments(disability)not determined

The claimant applied to formally include this claim which had been mentioned in paragraphs 16-17 of his ET1 but not explicitly identified by Judge Robison. The tribunal granted the application to amend on 17 October 2025, finding it was really providing particulars of an existing claim rather than adding a new one. The substantive claim remains to be determined.

Facts

The claimant worked as a mail porter for Royal Mail from 4 November 2024 until dismissal on 5 March 2025. He had longstanding mental health issues including depression and anxiety diagnosed in 2017, was admitted to a psychiatric ward in 2018 following self-harm and suicide attempts, and had been prescribed antidepressants until 2020. He brought multiple claims including disability discrimination, unfair dismissal, and wage-related complaints. A preliminary hearing was held to determine whether he met the definition of disability under the Equality Act 2010.

Decision

The tribunal found that the claimant was a disabled person under the Equality Act 2010 from 4 November 2024 to 5 March 2025, suffering from anxiety and depression which had substantial and long-term adverse effects on his ability to carry out normal day-to-day activities including socialising, personal hygiene, shopping and using public transport. The tribunal also granted his application to formally include a claim for failure to make reasonable adjustments. The substantive claims will be heard at a final hearing in November 2025.

Practical note

Even where an employee is able to mask symptoms and perform exceptionally well at work, they can still be disabled if their impairment has substantial adverse effects on day-to-day activities outside work, particularly in areas such as personal hygiene, socialising and using public transport.

Legal authorities cited

Goodwin v Patent Office [1999] ICR 302McDougall v Richmond Adult Community College 2008 ICR 431

Statutes

Equality Act 2010 s.15Equality Act 2010 s.13Equality Act 2010 Schedule 1 para 2(1)Equality Act 2010 Schedule 1 para 2(2)Equality Act 2010 s.6

Case details

Case number
8001010/2025
Decision date
21 November 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
logistics
Represented
Yes
Rep type
solicitor

Employment details

Role
mail porter / mail sorter
Service
4 months

Claimant representation

Represented
No