Cases2306221/2023

Claimant v John Lewis Plc

5 August 2025Before Employment Judge C KellyLondon Southremote video

Outcome

Claimant fails

Individual claims

Discrimination Arising from Disability (s.15)(disability)failed

The tribunal found that the claimant did not have a disability within the meaning of the Equality Act 2010 during the relevant period. This was a preliminary issue determination that disposed of the claim.

Failure to Make Reasonable Adjustments(disability)failed

The claim failed because the tribunal determined that the claimant did not meet the statutory definition of disability under the Equality Act 2010 during the relevant period, which is a prerequisite for this claim.

Facts

Mrs Wignarajah brought claims of disability discrimination and failure to make reasonable adjustments against John Lewis Plc. A preliminary hearing was held by video on 8 August 2025 to determine whether the claimant met the statutory definition of disability under the Equality Act 2010.

Decision

The tribunal determined that the claimant did not have a disability within the meaning of the Equality Act 2010 during the relevant period. As disability status was a jurisdictional requirement for both claims, they were dismissed.

Practical note

A claimant must establish they meet the statutory definition of disability under the Equality Act 2010 as a threshold issue before disability discrimination or reasonable adjustment claims can proceed.

Legal authorities cited

Statutes

Equality Act 2010

Case details

Case number
2306221/2023
Decision date
5 August 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
retail
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
barrister