Claimant v Jaguar Land Rover Limited
Outcome
Individual claims
This was a preliminary hearing on disability status only. The substantive claim of direct disability discrimination under s.13 Equality Act has not yet been determined. The tribunal found the claimant was disabled by reason of chronic pain, PTSD from 6 November 2023, and anxiety/depression from 4 July 2023.
This was a preliminary hearing on disability status only. The claim of discrimination arising from disability under s.15 Equality Act has not yet been determined. The tribunal found the claimant met the definition of disability for the relevant period.
This was a preliminary hearing on disability status only. The claim under s.20 and s.21 Equality Act for failure to make reasonable adjustments has not yet been determined. The tribunal found the claimant was disabled during the relevant period.
This was a preliminary hearing on disability status only. The claim of harassment under s.26 Equality Act has not yet been determined. The tribunal found the claimant met the statutory definition of disability.
The claimant brought a complaint of whistleblowing detriment alongside the disability discrimination claims. This preliminary hearing dealt only with disability status. The whistleblowing claim has not yet been determined.
Facts
The claimant, a senior HR professional, suffered catastrophic injuries in a motorbike accident in Spain in November 2022, resulting in chronic pain and multiple fractures. He continued working but from March 2023 developed increasing anxiety and depression, was prescribed propranolol, and his condition deteriorated rapidly from May/July 2023 despite medication. He was signed off work in September 2023 and was diagnosed with PTSD in November 2023. He brought claims for disability discrimination and whistleblowing detriment in July 2024 while still employed.
Decision
The tribunal found the claimant was disabled under the Equality Act by reason of: (1) chronic pain from the accident throughout the relevant period (conceded by respondent); (2) PTSD from 6 November 2023 (conceded); and (3) anxiety and depression from 4 July 2023 to 24 July 2024 (disputed but found by the tribunal). The tribunal also found the cognitive effects of opiate painkillers formed part of the physical impairment rather than a separate disability. This was a preliminary hearing on disability status only; the substantive discrimination and whistleblowing claims remain to be determined.
Practical note
Mental health conditions can meet the definition of disability before formal diagnosis if symptoms have a substantial adverse effect on day-to-day activities and are likely to last 12 months, viewed at the material time without hindsight, and side effects of medication for a physical impairment can form part of that impairment rather than requiring separate analysis.
Legal authorities cited
Statutes
Case details
- Case number
- 6006601/2024
- Decision date
- 2 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Head of Human Resources, Overseas
Claimant representation
- Represented
- Yes
- Rep type
- barrister