Claimant v Sally Salon Services Limited
Outcome
Individual claims
Withdrawn by claimant during preliminary hearing on disability status after cross-examination revealed weak evidential position. No medical records to support ongoing disability claim for endometritis since 2018 diagnosis.
Withdrawn by claimant after judge indicated the claimant's case was in a weak position due to lack of medical evidence of disability during employment period.
Withdrawn by claimant following cross-examination. Claimant had self-treated condition since 2018 with minimal medical evidence trail during employment with respondent.
Withdrawn by claimant at preliminary hearing along with all other claims. Withdrawal conditional on no costs application by respondent.
Facts
Claimant was employed as a sales assistant from March 2023 to March 2024. She claimed disability discrimination based on endometritis diagnosed in 2018. During employment only one sick note dated 8 January 2024 mentioned the condition alongside other impairments. Claimant had self-treated since 2018 diagnosis following laparoscopy, producing minimal medical evidence. No GP notes or hospital records were available beyond one entry from August 2018.
Decision
At preliminary hearing on disability status, after two and a half hours of cross-examination the judge indicated the claimant's case was weak due to lack of medical evidence. The claimant withdrew all claims on the understanding no costs application would be made. Claims dismissed on withdrawal.
Practical note
Disability discrimination claims require robust medical evidence particularly where claimant self-treats - a single sick note mentioning the condition during employment and sparse historical records will not suffice to establish disability status under the Equality Act 2010.
Legal authorities cited
Statutes
Case details
- Case number
- 1802997/2024
- Decision date
- 28 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- sales assistant
- Service
- 1 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep