Cases4104859/2024

Claimant v Halfords Autocentres Limited

12 August 2025Before Employment Judge S MacLeanScotlandremote video

Outcome

Other

Individual claims

Discrimination Arising from Disability (s.15)(disability)not determined

This was a preliminary hearing solely to determine disability status under section 6 of the Equality Act 2010. The tribunal found the claimant was disabled by reason of chronic colitis and/or undiagnosed bowel or gastric problem at the material time. The substantive discrimination claims will proceed to final hearing.

Direct Discrimination(disability)not determined

The claimant alleges discriminatory dismissal under section 39 of the Equality Act 2010 based on disability. This claim was not determined at this preliminary hearing and will proceed to a final hearing.

Failure to Make Reasonable Adjustments(disability)not determined

The claimant brings a claim under section 20 of the Equality Act 2010 for failure to make reasonable adjustments. This claim was not determined at this preliminary hearing and will proceed to a final hearing.

Harassment(sex)not determined

The claimant brings a claim under section 26(2) of the Equality Act 2010 for harassment related to sex. This claim was not determined at this preliminary hearing and will proceed to a final hearing.

Facts

The claimant, a 20-year-old technician employed by Halfords from late October 2023 to January 2024, had experienced recurring abdominal pain since age 10, with symptoms worsening significantly in 2023. She was diagnosed with acute and chronic colitis in October 2023. During her short employment she had nine sick absences, experienced faecal incontinence, avoided eating, carried spare clothing, had disrupted sleep, restricted mobility, and moved back with her mother due to difficulty with household tasks. She was dismissed on 12 January 2024 after approximately two months of employment.

Decision

The tribunal found that the claimant was a disabled person under section 6 of the Equality Act 2010 at the material time (30 October 2023 to 12 January 2024). She had a physical impairment (chronic colitis and/or undiagnosed bowel or gastric problem) which had a substantial and long-term adverse effect on her ability to carry out normal day-to-day activities including household tasks, social interaction, driving, using public transport, eating, and sleeping. Her claims of disability discrimination, failure to make reasonable adjustments, and sex harassment will proceed to a final hearing.

Practical note

A relatively short period of diagnosed illness can establish disability status where there is evidence of a long-standing underlying condition that substantially worsened to meet the statutory threshold during the relevant employment period.

Legal authorities cited

Statutes

Equality Act 2010 s.6Equality Act 2010 s.212Equality Act 2010 s.15Equality Act 2010 s.20Equality Act 2010 s.26(2)Equality Act 2010 s.39

Case details

Case number
4104859/2024
Decision date
12 August 2025
Hearing type
preliminary
Hearing days
2
Classification
contested

Respondent

Sector
retail
Represented
Yes
Rep type
solicitor

Employment details

Role
technician
Service
2 months

Claimant representation

Represented
Yes
Rep type
solicitor