Cases6010813/2024

Claimant v Cardiff Council

30 April 2025Before Employment Judge M. HuntWalesremote video

Outcome

Other

Individual claims

Discrimination Arising from Disability (s.15)(disability)not determined

This was a preliminary hearing to determine disability status only. The tribunal found the claimant was disabled due to DVT but not due to diverticulitis. The substantive discrimination claims have not yet been heard or determined.

Facts

This was a preliminary hearing to determine whether the claimant was a disabled person under section 6 of the Equality Act 2010 at the relevant times. The claimant was self-represented and the respondent local authority was represented by Miss Williams. The claimant claimed disability status based on two conditions: diverticulitis and DVT (deep vein thrombosis).

Decision

The tribunal determined that at the relevant times the claimant was not a disabled person due to diverticulitis, but was a disabled person as defined by section 6 Equality Act 2010 because of DVT. The substantive disability discrimination claims will proceed based on the DVT disability only.

Practical note

In preliminary hearings on disability status, tribunals will consider each alleged impairment separately and may find some conditions meet the statutory definition while others do not.

Legal authorities cited

Statutes

Equality Act 2010 s.6

Case details

Case number
6010813/2024
Decision date
30 April 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Name
Cardiff Council
Sector
local government
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
No