Claimant v Brading Haven Yacht Club
Outcome
Individual claims
The Claimant's application to amend the claim to bring a whistleblowing complaint was refused by the tribunal. The amendment was not permitted and therefore the whistleblowing claim did not proceed.
The tribunal determined that the Claimant was not a disabled person under s.6 Equality Act 2010 during the period relevant to the claim. Without establishing disabled status, the disability discrimination claim could not succeed and was dismissed.
Facts
The Claimant brought disability discrimination proceedings against Brading Haven Yacht Club and sought to amend his claim to add a whistleblowing complaint. A two-day preliminary hearing was held remotely to determine whether the Claimant was a disabled person within the meaning of the Equality Act 2010 and whether the amendment should be permitted.
Decision
The tribunal refused the application to amend to add a whistleblowing claim. The tribunal found that the Claimant was not disabled during the relevant period under s.6 Equality Act 2010, and therefore dismissed the disability discrimination claim in its entirety.
Practical note
A preliminary hearing on disability status can be determinative of the entire claim where the claimant fails to establish they meet the statutory definition of disability under the Equality Act 2010.
Legal authorities cited
Statutes
Case details
- Case number
- 6005282/2024
- Decision date
- 10 September 2025
- Hearing type
- preliminary
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No