Claimant v Balderton Capital (UK) LLP
Outcome
Individual claims
The tribunal found that at the relevant times the claimant was not a disabled person as defined by section 6 Equality Act 2010 because of avulsion fractures of right anterior inferior iliac spine. The claim was struck out as having no reasonable prospect of success.
Facts
The claimant brought a disability discrimination claim against Balderton Capital (UK) LLP. The issue before the tribunal at a preliminary hearing was whether the claimant was a disabled person within the meaning of the Equality Act 2010 due to avulsion fractures of right anterior inferior iliac spine.
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 the avulsion fractures. The claim was struck out under Rule 38(1)(a) as having no reasonable prospect of success.
Practical note
A claimant must establish disability status under section 6 EqA 2010 as a jurisdictional threshold before pursuing disability discrimination claims; avulsion fractures of the right anterior inferior iliac spine did not meet this threshold in this case.
Legal authorities cited
Statutes
Case details
- Case number
- 2223077/2024
- Decision date
- 12 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- financial services
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep