Cases2413147/2023

Claimant v London and Quadrant Housing Trust

5 June 2025Before Employment Judge BensonLiverpoolremote video

Outcome

Claimant fails

Individual claims

Direct Discrimination(disability)failed

The tribunal determined at a preliminary hearing that the claimant was not a disabled person as defined by section 6 Equality Act 2010 because of Gilberts Syndrome at the relevant times. Without establishing disability status, the direct disability discrimination claim could not succeed and was dismissed.

Discrimination Arising from Disability (s.15)(disability)failed

The tribunal found that the claimant did not meet the definition of a disabled person under section 6 Equality Act 2010 in relation to Gilberts Syndrome. As disability status was not established, the claim of discrimination arising from disability was dismissed.

Failure to Make Reasonable Adjustments(disability)failed

The preliminary hearing determined that the claimant was not disabled within the meaning of the Equality Act 2010 due to Gilberts Syndrome. Without qualifying as a disabled person, there was no duty to make reasonable adjustments, and this claim was dismissed.

Harassment(disability)failed

The tribunal concluded that the claimant did not have disabled status under the Equality Act 2010 in respect of Gilberts Syndrome. The harassment related to disability claim was therefore dismissed as the claimant did not meet the threshold requirement of being a disabled person.

Facts

The claimant brought claims of disability discrimination against his employer London and Quadrant Housing Trust, claiming disability status due to Gilberts Syndrome. A two-day preliminary hearing was held to determine whether the claimant met the statutory definition of disability under the Equality Act 2010. The claimant represented himself while the respondent was represented by counsel.

Decision

The tribunal determined that the claimant was not a disabled person as defined by section 6 of the Equality Act 2010 at the relevant times because of Gilberts Syndrome. Consequently, all disability-related claims (direct discrimination, discrimination arising from disability, failure to make reasonable adjustments, and harassment) were dismissed. Other remaining claims will proceed to a final hearing.

Practical note

A preliminary hearing on disability status found that Gilberts Syndrome did not meet the statutory definition of disability under the Equality Act 2010, resulting in dismissal of all disability discrimination claims while non-disability claims proceeded.

Legal authorities cited

Statutes

Equality Act 2010 s.6

Case details

Case number
2413147/2023
Decision date
5 June 2025
Hearing type
preliminary
Hearing days
2
Classification
contested

Respondent

Sector
public sector
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No