Cases6008588/2024

Claimant v Pro Trainings Europe Limited

23 May 2025Before Employment Judge ReidLondon Eastremote video

Outcome

Partly successful

Individual claims

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

The tribunal found that the claimant was not a disabled person within s6 Equality Act 2010 at the time of the matters complained of. Without meeting the statutory definition of disability, the claim for disability discrimination could not succeed and was dismissed.

Othernot determined

Other claims not specified in the judgment continue. This was a preliminary hearing to determine disability status and time limit issues only. The substance of these other claims remains to be determined at a future hearing scheduled for 15 September 2025.

Facts

The claimant brought claims including disability discrimination and other unspecified claims against her employer Pro Trainings Europe Limited. The respondent challenged whether the claimant met the definition of a disabled person under the Equality Act 2010 and also argued that certain allegations, including exclusion from meetings from January 2024, were out of time.

Decision

The tribunal dismissed the disability discrimination claim, finding the claimant was not disabled within the statutory definition at the relevant time. However, the tribunal allowed the time limit challenge to fail by finding that the exclusion from meetings formed part of conduct extending over a period under s123(3)(a) Equality Act 2010. The claimant's other claims continue to a further hearing.

Practical note

A preliminary hearing on disability status can dispose of disability discrimination claims entirely if the claimant cannot establish they meet the statutory definition, but successful arguments on continuing conduct can save otherwise time-barred claims.

Legal authorities cited

Statutes

Equality Act 2010 s.6Equality Act 2010 s.123(3)(a)

Case details

Case number
6008588/2024
Decision date
23 May 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
education
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
No