Claimant v Birmingham Community Healthcare NHS Trust
Outcome
Individual claims
This was a preliminary hearing by consent to determine the issue of disability status only. The tribunal found the claimant was disabled by reason of autism and autism in combination with features consistent with mild borderline personality disorder. The substantive discrimination claims remain to be determined at a future hearing.
Facts
This was a preliminary hearing by consent to determine whether the claimant was a disabled person under the Equality Act 2010. The claimant worked for Birmingham Community Healthcare NHS Trust and brought claims of disability discrimination. Both parties were represented by counsel and agreed that the claimant met the definition of disability.
Decision
The tribunal found by consent that the claimant was a disabled person within the meaning of Section 6 of the Equality Act 2010 at all material times by reason of autism, and autism in combination with features consistent with a mild borderline personality disorder. This preliminary issue was resolved by agreement between the parties.
Practical note
Parties can resolve the preliminary issue of disability status by consent, avoiding the need for contested medical evidence and allowing the case to proceed to consideration of the substantive discrimination allegations.
Legal authorities cited
Statutes
Case details
- Case number
- 1306514/2024
- Decision date
- 20 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister