Claimant v West Suffolk NHS Foundation Trust
Outcome
Individual claims
The tribunal found that the claimant was not disabled in accordance with the definition at section 6 of the Equality Act 2010 at the relevant times. As a preliminary issue, the tribunal determined that the claimant did not meet the statutory test for disability status, which is a prerequisite for any disability discrimination claim to proceed.
Facts
Ms L. Musk brought disability discrimination claims against West Suffolk NHS Foundation Trust. The case proceeded to a two-day preliminary hearing held remotely via CVP to determine whether the claimant met the statutory definition of disability under section 6 of the Equality Act 2010. Both parties were represented by barristers.
Decision
The tribunal found that the claimant was not disabled within the meaning of section 6 of the Equality Act 2010 at the relevant times. Since all outstanding claims were disability discrimination claims, the entire claim was dismissed following this preliminary determination.
Practical note
A claimant must establish disabled status under the Equality Act 2010 section 6 as a gateway requirement before any disability discrimination claims can proceed to a full merits hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 6010260/2024
- Decision date
- 17 September 2025
- Hearing type
- preliminary
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister