Claimant v Fresh Cut Video Ltd
Outcome
Individual claims
The tribunal determined at a preliminary hearing that during the material time for the claim, the claimant was not disabled by reason of depression and anxiety within the meaning of s.6 Equality Act 2010. This was a jurisdictional threshold issue that had to be established before any substantive disability discrimination claims could proceed.
Facts
The claimant brought disability discrimination claims based on depression and anxiety. The respondent contested whether the claimant met the statutory definition of disability. A two-day preliminary hearing was held to determine this threshold jurisdictional issue before the substantive claims could proceed.
Decision
The tribunal found that during the material time, the claimant was not disabled by reason of depression and anxiety within the meaning of s.6 Equality Act 2010. The preliminary issue was determined against the claimant, meaning the disability discrimination claims could not proceed.
Practical note
A claimant must establish they meet the statutory definition of disability under s.6 EqA 2010 before any disability discrimination claims can succeed; this is a jurisdictional prerequisite that tribunals may determine as a preliminary issue.
Legal authorities cited
Statutes
Case details
- Case number
- 3303947/2024
- Decision date
- 17 October 2025
- Hearing type
- preliminary
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- media
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No