Cases2402444/2024

Claimant v Greater Manchester Mental Health NHS Foundation Trust

9 May 2025Before Employment Judge SerrManchesterremote video

Outcome

Claimant fails

Individual claims

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

The tribunal determined that the complaint of unfavourable treatment because of something arising in consequence of disability under section 15 Equality Act 2010 was not well-founded and dismissed the claim.

Indirect Discrimination(disability)failed

The tribunal found that the complaint of indirect disability discrimination was not well-founded. The claimant failed to establish that the respondent applied a provision, criterion or practice that put disabled persons at a particular disadvantage, or that such treatment could not be justified.

Victimisationfailed

The tribunal concluded that the complaint of victimisation was not well-founded. The claimant did not establish that he was subjected to a detriment because he had done a protected act or that the respondent believed he had done or might do a protected act.

Facts

Mr Miah brought claims of disability discrimination against his employer, Greater Manchester Mental Health NHS Foundation Trust. He alleged unfavourable treatment arising from disability, indirect discrimination, and victimisation. The case was heard over three days by video hearing with Mr Miah representing himself and the Trust represented by counsel.

Decision

The tribunal dismissed all three complaints brought by Mr Miah. The panel found that the claims of section 15 discrimination (unfavourable treatment arising from disability), indirect disability discrimination, and victimisation were all not well-founded. Reasons were given orally at the hearing.

Practical note

A self-represented claimant bringing multiple disability discrimination claims against an NHS Trust was unsuccessful on all grounds, highlighting the challenges faced by unrepresented claimants in complex discrimination cases against well-resourced public sector employers.

Legal authorities cited

Statutes

Equality Act 2010 s.15Equality Act 2010 s.19Equality Act 2010 s.27

Case details

Case number
2402444/2024
Decision date
9 May 2025
Hearing type
full merits
Hearing days
3
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No