Claimant v City College, Plymouth
Outcome
Individual claims
This preliminary hearing was limited to determining disability status. The unfair dismissal claim has not yet been determined on its merits.
The tribunal found the claimant was disabled by reason of cancer only. The discrimination claim based on alleged decision to discipline and dismiss has not yet been determined on its merits.
The tribunal found the claimant was disabled by reason of cancer. The reasonable adjustments claim relating to May-September 2023 and alleged substantial disadvantage in being unable to effectively advocate for himself has not yet been determined on its merits.
Facts
Mr Hindley-Matic was employed as a lecturer from September 2019 to September 2023. He was diagnosed with cancer in December 2019, underwent surgery in 2020 which removed all cancerous cells, and had annual clear scans thereafter. He was dismissed following allegations of gross misconduct relating to conduct between September 2021 and October 2022, with investigation and dismissal occurring May-September 2023. He claimed he was disabled by cancer and several consequential impairments including physical/chronic fatigue, cognitive fatigue/chemo brain, emotional regulatory difficulties, phantom rectum/bowel dysfunction, and peripheral neuropathy. Throughout the material period he continued working, took minimal sick leave, and provided additional support to students beyond his contracted duties.
Decision
The tribunal held a preliminary hearing to determine disability status. The tribunal found the claimant was disabled by reason of cancer only (deemed disability under Schedule 1 paragraph 6 Equality Act 2010). The tribunal rejected his claims that physical/chronic fatigue, cognitive fatigue/chemo brain, and emotional regulatory difficulties constituted separate disabilities, finding insufficient medical evidence and inconsistency with his actual performance at work. The matter was listed for further case management.
Practical note
Cancer is a deemed disability but alleged consequential impairments require robust medical evidence and must demonstrate substantial long-term adverse effect on day-to-day activities; self-reported symptoms inconsistent with continued good work performance will not suffice.
Legal authorities cited
Statutes
Case details
- Case number
- 6000458/2024
- Decision date
- 14 October 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Lecturer
- Service
- 4 years
Claimant representation
- Represented
- No