Cases2307988/2023

Claimant v Tinklin Springall

29 June 2025Before Employment Judge LumbyLondon Southremote video

Outcome

Partly successful

Individual claims

Direct Discrimination(religion)dismissed on withdrawal

The tribunal found that the claimant's beliefs in medical autonomy, homeopathic remedies and rejection of Covid-19 vaccinations do not amount to a protected characteristic under section 10 of the Equality Act 2010. Without a protected characteristic, the direct discrimination claim on grounds of religion or belief cannot proceed and was dismissed.

Indirect Discrimination(religion)dismissed on withdrawal

The tribunal found that the claimant's beliefs in medical autonomy, homeopathic remedies and rejection of Covid-19 vaccinations do not amount to a protected characteristic under section 10 of the Equality Act 2010. Without a protected characteristic, the indirect discrimination claim on grounds of religion or belief cannot proceed and was dismissed.

Harassment(religion)dismissed on withdrawal

The tribunal found that the claimant's beliefs in medical autonomy, homeopathic remedies and rejection of Covid-19 vaccinations do not amount to a protected characteristic under section 10 of the Equality Act 2010. Without a protected characteristic, the harassment claim on grounds of religion or belief cannot proceed and was dismissed.

Harassment(disability)not determined

The tribunal determined that from 8 March 2022 the claimant was a disabled person due to depression, anxiety and suicidal ideation. The harassment claim relating to these conditions can proceed to a full hearing. However, the claim relating to a tumour on his eyelid was dismissed as this did not amount to a disability at the relevant times.

Indirect Discrimination(disability)not determined

The tribunal determined that from 8 March 2022 the claimant was a disabled person due to depression, anxiety and suicidal ideation. The indirect disability discrimination claim relating to these conditions can proceed to a full hearing. However, the claim relating to a tumour on his eyelid was dismissed as this did not amount to a disability at the relevant times.

Direct Discrimination(disability)not determined

The tribunal determined that from 8 March 2022 the claimant was a disabled person due to depression, anxiety and suicidal ideation. The unfavourable treatment because of something arising in consequence of disability claim relating to these conditions can proceed to a full hearing. However, the claim relating to a tumour on his eyelid was dismissed as this did not amount to a disability at the relevant times.

Failure to Make Reasonable Adjustments(disability)not determined

The tribunal determined that from 8 March 2022 the claimant was a disabled person due to depression, anxiety and suicidal ideation. The failure to make reasonable adjustments claim relating to these conditions can proceed to a full hearing. However, the claim relating to a tumour on his eyelid was dismissed as this did not amount to a disability at the relevant times.

Facts

This was a preliminary hearing to determine whether the claimant's beliefs and medical conditions amounted to protected characteristics under the Equality Act 2010. The claimant held beliefs in medical autonomy, homeopathic remedies and a rejection of Covid-19 vaccinations. He also suffered from depression, anxiety and suicidal ideation from 8 March 2022, and had a tumour on his eyelid. The respondent was represented by counsel while the claimant appeared in person.

Decision

The tribunal found that the claimant's beliefs did not amount to a protected religion or belief under section 10, so all religion or belief discrimination claims were dismissed. However, the tribunal found that the claimant was disabled from 8 March 2022 due to depression, anxiety and suicidal ideation, allowing those disability claims to proceed. Claims relating to the eyelid tumour were dismissed as it did not amount to a disability at the relevant times.

Practical note

Beliefs in medical autonomy, homeopathic remedies and rejection of Covid-19 vaccinations do not meet the Grainger criteria for a protected philosophical belief under the Equality Act 2010.

Legal authorities cited

Statutes

Equality Act 2010 s.6Equality Act 2010 s.10

Case details

Case number
2307988/2023
Decision date
29 June 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
other
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No