Cases1308544/2023

Claimant v Smart Capital Technology Limited

7 July 2025Before Employment Judge Andrew Clarke KCMidlands Westremote video

Outcome

Other

Individual claims

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

This was a preliminary hearing to determine disability status only. The tribunal found that the claimant was disabled by reason of ADHD and anxiety throughout the period from 2016 to 26 September 2023 inclusive. The substantive discrimination claims remain to be determined at a future hearing.

Facts

The claimant Mr Clarke brought claims against Smart Capital Technology Limited under two case numbers. The tribunal held a preliminary hearing by video to determine whether the claimant was a disabled person. The claimant appeared in person while the respondent was represented by a solicitor. The employment relationship ended on 26 September 2023.

Decision

The tribunal determined at this preliminary hearing that the claimant was disabled by reason of ADHD and anxiety throughout the period from 2016 to 26 September 2023 inclusive. This was a disability status determination only; the substantive claims remain to be heard.

Practical note

This preliminary hearing established disability status for ADHD and anxiety, clearing the way for substantive disability discrimination claims to proceed to a full merits hearing.

Legal authorities cited

Statutes

EqA 2010

Case details

Case number
1308544/2023
Decision date
7 July 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
technology
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
No