Cases2309603/2024

Claimant v WPP 2005 Limited t/a WPP IT

20 October 2025Before Employment Judge RamsdenLondon Southremote video

Outcome

Claimant fails

Individual claims

Unfair Dismissalnot determined

Claim not yet determined at final hearing. This preliminary hearing dealt only with disability status.

Automatic Unfair Dismissalnot determined

Claim relates to alleged dismissal for making protected disclosures. Not determined at this preliminary hearing.

Whistleblowingnot determined

Detriment complaints for protected disclosures not determined at this preliminary hearing.

Direct Discrimination(disability)failed

Tribunal found the Claimant was not disabled for Equality Act purposes at the relevant times (July to November 2024). Facial numbness had no proven substantial adverse effect; left arm pain and knee problems were not long-term; PTSD lacked evidence of substantial adverse effect or long-term duration.

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

Dismissed because the Claimant was not disabled for Equality Act purposes at the relevant times.

Harassment(disability)failed

Dismissed because the Claimant was not disabled for Equality Act purposes at the relevant times.

Failure to Make Reasonable Adjustments(disability)failed

Dismissed because the Claimant was not disabled for Equality Act purposes at the relevant times.

Victimisationnot determined

Not determined at this preliminary hearing on disability status.

Facts

The Claimant worked as an IT Programme Manager from February 2020 to November 2024. He suffered strokes/TIAs in December 2023 with facial numbness, left arm pain, and later developed knee problems and alleged PTSD. He brought three claims alleging unfair dismissal, whistleblowing detriments, and disability discrimination. The Respondent challenged whether he was disabled. The Claimant's wife represented him; the Respondent was represented by counsel. A preliminary hearing was held to determine disability status.

Decision

The Tribunal found the Claimant was not disabled at the relevant times (July-November 2024). Facial numbness lacked evidence of substantial adverse effect; left arm pain and knee problems were not long-term as they were expected to resolve within 12 months; PTSD lacked evidence of substantial adverse effect and long-term duration. All disability discrimination claims were dismissed.

Practical note

Claimants must provide clear medical evidence showing not just the existence of an impairment, but its substantial adverse effects on day-to-day activities and that these effects were (or were likely to be) long-term at the relevant time, particularly for conditions like PTSD where expert evidence is essential.

Legal authorities cited

Goodwin v Patent Office [1999] ICR 302Cruickshank v VAW Motorcast Ltd [2002] ICR 729McDougall v Richmond Adult Community College [2008] EWCA Civ 4All Answers Ltd v W [2021] IRLR 612Boyle v SCA Packaging Ltd [2009] ICR 1056Swift v Chief Constable of Wiltshire Constabulary [2004] ICR 909Gestmin SGPS SA v Credit Suisse (UK) Ltd [2013] EWHC 3560 (Comm)Royal Bank of Scotland plc v Morris UKEAT/0436/10J v DLA Piper UK LLP UKEAT/0263/09Morgan v Staffordshire University [2002] IRLR 190

Statutes

Equality Act 2010 s.6Equality Act 2010 Schedule 1 Part 1

Case details

Case number
2309603/2024
Decision date
20 October 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
technology
Represented
Yes
Rep type
barrister

Employment details

Role
IT Programme Manager
Service
5 years

Claimant representation

Represented
Yes
Rep type
lay rep