Claimant v Elior UK PLC
Outcome
Individual claims
The tribunal found as a preliminary issue that the claimant did not have a disability as defined in section 6 of the Equality Act 2010 at the time of the events in question. Without establishing disability status, the disability discrimination claims could not succeed.
Facts
The claimant M Hubbard brought disability discrimination claims against their employer Elior UK PLC. The case proceeded to a preliminary hearing to determine whether the claimant met the legal definition of disability under section 6 of the Equality Act 2010. The hearing took place over two days in April and May 2025, with the claimant representing themselves and the respondent represented by counsel and solicitor.
Decision
Employment Judge Aspden determined that the claimant did not have a disability as defined in section 6 of the Equality Act 2010 at the relevant time. This preliminary finding meant the disability discrimination claims could not succeed, as establishing disability status is a prerequisite for such claims.
Practical note
A claimant must establish they meet the statutory definition of disability under section 6 of the Equality Act 2010 before disability discrimination claims can proceed to full merits hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 2500664/2024
- Decision date
- 27 May 2025
- Hearing type
- preliminary
- Hearing days
- 2
- Classification
- contested
Respondent
- Name
- Elior UK PLC
- Sector
- hospitality
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No