Cases4100923/2025

Claimant v River Island Clothing Co

1 September 2025Before Employment Judge Jane PorterScotlandremote video

Outcome

Claimant fails

Individual claims

Constructive Dismissalfailed

The tribunal dismissed the claimant's claim of constructive unfair dismissal. The judgment provides no detailed reasoning in this extract, but the claim was dismissed at a preliminary hearing.

Direct Discrimination(disability)failed

The tribunal found that the claimant was not a disabled person in terms of s6 of the Equality Act 2010 during the relevant period (December 2023 to 9 May 2025). Without establishing disability status, the direct discrimination claim could not succeed and was dismissed.

Failure to Make Reasonable Adjustments(disability)failed

The tribunal found that the claimant was not a disabled person under s6 of the Equality Act 2010 during the relevant period. As disability status is a prerequisite for a reasonable adjustments claim under s20 and s21, the claim was dismissed.

Facts

William Deighan brought claims against River Island Clothing Co for constructive unfair dismissal and disability discrimination. The relevant period for the disability claims was December 2023 to 9 May 2025. At a preliminary hearing conducted remotely, the tribunal heard evidence regarding whether the claimant met the definition of a disabled person under the Equality Act 2010.

Decision

The tribunal dismissed all claims. It found that the claimant was not a disabled person under s.6 of the Equality Act 2010 during the relevant period, which meant the direct discrimination and reasonable adjustments claims could not succeed. The constructive unfair dismissal claim was also dismissed.

Practical note

Establishing disability status under s.6 of the Equality Act 2010 is a threshold issue that must be satisfied before disability discrimination claims can proceed.

Legal authorities cited

Statutes

Equality Act 2010 s.6Equality Act 2010 s.13Equality Act 2010 s.20Equality Act 2010 s.21

Case details

Case number
4100923/2025
Decision date
1 September 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
retail
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No