Cases1306037/2024

Claimant v Adjuvo Group Limited

26 June 2025Before Employment Judge KightBirminghamremote video

Outcome

Other

Individual claims

Direct Discrimination(disability)not determined

This was a preliminary hearing to determine whether the claimant was disabled within the meaning of the Equality Act 2010. The tribunal found he was disabled due to Asperger's Syndrome/autism, allowing this claim to proceed to a full merits hearing.

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

This was a preliminary hearing to determine disability status. The tribunal found the claimant was disabled due to Asperger's Syndrome/autism, allowing this discrimination arising from disability claim to proceed to a full merits hearing.

Failure to Make Reasonable Adjustments(disability)not determined

This was a preliminary hearing to determine disability status. The tribunal found the claimant was disabled due to Asperger's Syndrome/autism, allowing this reasonable adjustments claim to proceed to a full merits hearing.

Unlawful Deduction from Wagesnot determined

This claim was permitted to proceed alongside the disability discrimination claims. The substantive issues will be determined at a future full merits hearing.

Facts

This was a preliminary hearing to determine whether Mr Hemmings was a disabled person within the meaning of the Equality Act 2010. The claimant was self-represented and appeared by video. The respondent, Adjuvo Group Limited, was represented by its business owner Mr S Archer. The claimant had brought claims of disability discrimination and unlawful deductions from wages.

Decision

The tribunal found that Mr Hemmings was a disabled person at the relevant times due to Asperger's Syndrome/autism as defined by section 6 of the Equality Act 2010. This finding allows his claims of direct disability discrimination, discrimination arising from disability, failure to make reasonable adjustments, and unlawful deductions from wages to proceed to a full merits hearing.

Practical note

A preliminary hearing establishing disability status under the Equality Act 2010 is a gateway issue that must be determined before substantive discrimination claims can proceed to a full merits hearing.

Legal authorities cited

Statutes

Equality Act 2010 s.6

Case details

Case number
1306037/2024
Decision date
26 June 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
professional services
Represented
No
Rep type
self

Claimant representation

Represented
No