Claimant v Willinbrook Healthcare Limited
Outcome
Individual claims
The tribunal determined that the claimant was not disabled under s.6 Equality Act 2010 due to low mood/depression, but allowed the disability discrimination claim to proceed based on De Quervain's tenosynovitis (wrist/hand tendon injury).
The tribunal allowed the constructive dismissal claim to proceed to full merits hearing.
The tribunal allowed the unlawful deduction of wages claim to proceed to full merits hearing.
Facts
The claimant, Mrs P Simpson, brought claims against Willinbrook Healthcare Limited and Mr B Flanagan relating to disability discrimination, constructive dismissal, and unlawful deduction of wages. She claimed disability status based on both low mood/depression and De Quervain's tenosynovitis (a wrist/hand tendon injury).
Decision
The tribunal determined at a preliminary hearing that the claimant was not disabled under the Equality Act 2010 due to low mood/depression, but allowed the disability discrimination claim to proceed based on her De Quervain's tenosynovitis. The claims of constructive dismissal and unlawful deduction of wages were also permitted to proceed to a full merits hearing.
Practical note
A claimant may satisfy the disability test for one condition but not another, and the tribunal will narrow the scope of disability claims accordingly at a preliminary stage.
Legal authorities cited
Statutes
Case details
- Case number
- 1305350/2023
- Decision date
- 18 August 2025
- Hearing type
- preliminary
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No