Claimant v Primark Stores Limited
Outcome
Individual claims
This claim was not determined at the preliminary hearing. The hearing focused solely on the disability status issue for the disability discrimination claims.
This claim was not determined at the preliminary hearing. The hearing focused solely on the disability status issue for the disability discrimination claims.
The tribunal found that the claimant's wrist pain did not have a substantial and adverse long-term effect on his ability to carry out normal day-to-day activities. Lifting heavy items was not considered a normal day-to-day activity, and the inability to lift items over 6kg without pain was not substantial. There was also insufficient evidence that the condition was long-term. The claimant was therefore not a disabled person within the meaning of s.6 Equality Act 2010, and the disability discrimination claims were struck out.
Facts
The claimant was employed by Primark from October 2021 to November 2023 when he was dismissed for capability. He brought claims of unfair dismissal, race discrimination and disability discrimination. The claimant alleged wrist pain and swelling as a disability. Medical evidence showed ganglion of wrist noted in April 2022, and fit notes from July and August 2023 indicating pain when lifting heavy items over 6kg. The claimant failed to attend the first two preliminary hearings and did not comply with tribunal orders to provide detailed disability impact evidence.
Decision
The tribunal struck out the disability discrimination claims, finding that the claimant was not a disabled person within the meaning of s.6 Equality Act 2010. The judge found that while the claimant had a physical impairment of wrist pain, this did not have a substantial and adverse long-term effect on his ability to carry out normal day-to-day activities. Lifting heavy items was not considered a normal day-to-day activity, and the inability to lift over 6kg without pain was not substantial. There was also insufficient evidence of a long-term effect.
Practical note
To establish disability status, claimants must provide clear evidence of substantial adverse effects on normal day-to-day activities (not just work-specific activities) that are long-term, and failure to comply with tribunal orders to provide this evidence can be fatal to a claim.
Legal authorities cited
Statutes
Case details
- Case number
- 3302737/2024
- Decision date
- 2 October 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No