Cases2225465/2024

Claimant v The Co-operative Group Limited

23 September 2025Before Employment Judge Bradfordon papers

Outcome

Claimant fails

Individual claims

Failure to Make Reasonable Adjustments(disability)failed

The tribunal found at the preliminary hearing on 23 September 2025 that the Claimant was not a disabled person in accordance with section 6 Equality Act 2010 at the relevant time. Without meeting the disability threshold, the reasonable adjustment claim could not succeed and was dismissed.

Facts

This is a reconsideration application following dismissal of the Claimant's reasonable adjustment claim at a preliminary hearing on 23 September 2025. The original claim was dismissed because the tribunal found the Claimant was not a disabled person under section 6 Equality Act 2010. The Claimant applied for reconsideration on 14 October 2025, arguing his application for hearing adjustments was not determined in advance, the Respondent's skeleton argument was served late, and the hearing bundle was incomplete.

Decision

The tribunal refused the reconsideration application under Rule 70(2) because there was no reasonable prospect of the judgment being varied or revoked. The judge found that the Claimant's requested adjustments were discussed and granted at the hearing, he was given time to review the Respondent's skeleton and prepare submissions, and all relevant evidence on disability had been before the tribunal. The matters raised had been properly considered and did not amount to a procedural irregularity or denial of natural justice.

Practical note

Reconsideration applications based on procedural complaints will fail where the tribunal properly considered all matters raised, made appropriate adjustments, and gave the unrepresented party adequate opportunity to prepare and present their case, even if procedures were not as the party expected.

Legal authorities cited

Trimble v Supertravel Ltd [1982] ICR 440Fforde v Black EAT 68/60

Statutes

EqA 2010 s.6

Case details

Case number
2225465/2024
Decision date
23 September 2025
Hearing type
reconsideration
Hearing days
Classification
procedural

Respondent

Sector
retail
Represented
Yes

Claimant representation

Represented
No