Cases2307972/2023

Claimant v Pennypot Dental Practice Ltd

14 July 2025Before Employment Judge BurgeLondon Southremote video

Outcome

Other

Individual claims

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

This was a preliminary hearing solely to determine whether the claimant met the definition of disability under s.6 Equality Act 2010. The tribunal found that the claimant is disabled. The substantive discrimination claims have not yet been determined.

Facts

S Wells brought a disability discrimination claim against Pennypot Dental Practice Ltd. The respondent disputed whether the claimant met the statutory definition of disability under the Equality Act 2010. A preliminary hearing was held to determine this issue.

Decision

The tribunal found that the claimant is disabled within the meaning of s.6 Equality Act 2010. This preliminary issue has been resolved in the claimant's favour, allowing the substantive discrimination claims to proceed to a full merits hearing.

Practical note

Preliminary hearings on disability status are common where respondents challenge whether a claimant meets the statutory definition, and a favourable finding allows the substantive claims to proceed.

Legal authorities cited

Statutes

Equality Act 2010 s.6

Case details

Case number
2307972/2023
Decision date
14 July 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No