Claimant v The Athelstan Trust

Outcome

Facts

The claimant brought a claim for discrimination arising from disability under section 15 of the Equality Act 2010. At a preliminary hearing on 25 January 2022, the tribunal found he was not disabled at the material time and struck out his claim. A deposit order was also made. The claimant applied for reconsideration on 16 February 2022, arguing the tribunal failed to properly consider Court of Appeal authority, did not apply the provisions on past disability, gave insufficient weight to medical evidence from Dr Nabavi, and should consider new GP evidence. The tribunal dealt with these points systematically.

Decision

The tribunal refused the reconsideration application, finding no reasonable prospect of varying or revoking the original decision and that reconsideration was not necessary in the interests of justice. The judge found that counsel should have known about the relevant Court of Appeal authority, that the provisions on past disability were not engaged as the claimant had not established a qualifying past disability, and that new post-employment medical evidence should not be admitted. The deposit order could not be reconsidered as it was a case management order not a judgment.

Practical note

Legal authorities cited