Claimant v Alder Hey Children's Hospital NHS Foundation Trust
Outcome
Individual claims
This was a preliminary hearing to determine disability status only. The tribunal found the claimant was disabled by reason of fibromyalgia and anxiety, but not by reason of cellulitis, neuralgia, tinnitus or hyperacusis. The substantive discrimination claims have not yet been determined.
Facts
The claimant Y Hanson brought disability discrimination claims against Alder Hey Children's Hospital NHS Foundation Trust. A preliminary hearing was held to determine whether the claimant was a disabled person at the material time. The claimant asserted disability on the basis of multiple conditions including fibromyalgia, anxiety, cellulitis, neuralgia, tinnitus and hyperacusis.
Decision
The tribunal found that the claimant was a disabled person by reason of fibromyalgia and anxiety at the material time, but was not disabled by reason of cellulitis, neuralgia, tinnitus or hyperacusis. The case will proceed to a case management hearing on 20 August 2025.
Practical note
Preliminary hearings on disability status can result in mixed findings where some conditions meet the threshold for disability under the Equality Act 2010 while others do not.
Case details
- Case number
- 2402144/2024
- Decision date
- 8 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No