Claimant v The Chief Constable of Devon and Cornwall Police
Outcome
Individual claims
This was a preliminary hearing on the issue of disability status. The tribunal found the claimant was disabled by reason of ADHD, allowing this claim to proceed to full hearing.
This was a preliminary hearing on the issue of disability status. The tribunal found the claimant was disabled by reason of ADHD, allowing this claim to proceed to full hearing.
This claim was added by way of amendment at the preliminary hearing. The tribunal found the claimant was disabled by reason of ADHD, allowing this claim to proceed to full hearing.
Withdrawn by the claimant at the preliminary hearing and dismissed by the tribunal.
Facts
This was a preliminary hearing to determine whether the claimant was a disabled person under the Equality Act 2010. The claimant brought claims of discrimination arising from disability, failure to make reasonable adjustments, harassment related to disability, and direct disability discrimination against her employer, Devon and Cornwall Police. The tribunal heard arguments about whether the claimant's ADHD qualified as a disability.
Decision
The tribunal found that the claimant was disabled by reason of ADHD at the relevant times, satisfying section 6 of the Equality Act 2010. This allowed her claims for discrimination arising from disability, failure to make reasonable adjustments, and harassment to proceed. The claimant withdrew her direct disability discrimination claim, which was dismissed.
Practical note
Establishing disability status at a preliminary hearing is often necessary before disability discrimination claims can proceed to a full merits hearing on liability.
Legal authorities cited
Statutes
Case details
- Case number
- 6003412/2024
- Decision date
- 8 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister