Cases6023042/2024

Claimant v Stoke on Trent College

13 October 2025Before Employment Judge PowerBirminghamremote video

Outcome

Partly successful

Individual claims

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

The tribunal determined that at the relevant times the claimant was not a disabled person as defined in section 6 of the Equality Act 2010 because of Generalised Anxiety Disorder. Without establishing disabled status, the disability discrimination complaints could not succeed and were therefore dismissed.

Constructive Dismissalnot determined

This claim was not determined at the preliminary hearing. The judgment specifically preserves the claimant's ability to pursue the constructive unfair dismissal complaint, indicating it will proceed to a future hearing.

Facts

Mr Linton brought claims of disability discrimination and constructive unfair dismissal against Stoke on Trent College. He claimed to be disabled due to Generalised Anxiety Disorder. A preliminary hearing was held to determine whether he met the statutory definition of disability under the Equality Act 2010.

Decision

The tribunal found that the claimant did not meet the definition of a disabled person under section 6 of the Equality Act 2010 in relation to his Generalised Anxiety Disorder. Consequently, all disability discrimination complaints were dismissed. The constructive unfair dismissal claim remains live and can proceed.

Practical note

Claimants must establish they meet the statutory definition of disability under section 6 of the Equality Act 2010 before disability discrimination claims can succeed, and this can be determined as a preliminary issue.

Legal authorities cited

Statutes

Equality Act 2010 s.6

Case details

Case number
6023042/2024
Decision date
13 October 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
education
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No