Cases→3308088/2023

Claimant v Boots Management Services Limited

29 April 2025Before Employment Judge L Brownremote video

Outcome

Claimant fails

Individual claims

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

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 Dyslexia. Without establishing disabled status, the claim for unfavourable treatment arising from disability could not succeed.

Failure to Make Reasonable Adjustments(disability)failed

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 Dyslexia. Without establishing disabled status, the claim for failure to make reasonable adjustments could not succeed.

Harassment(disability)failed

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 Dyslexia. Without establishing disabled status, the claim for harassment relating to disability could not succeed.

Victimisation(disability)failed

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 Dyslexia. Without establishing disabled status, the claim for victimisation relating to disability could not succeed.

Facts

Mr Benham brought claims against Boots Management Services Ltd alleging disability discrimination related to Dyslexia. This was a preliminary hearing to determine whether the claimant met the statutory definition of disability. The claimant was assisted by Ms Banham, and the respondent was represented by counsel Ms Nichols.

Decision

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 Dyslexia. As a result, all disability-related claims including unfavourable treatment, failure to make reasonable adjustments, harassment, and victimisation were dismissed.

Practical note

A claimant must establish disabled status under section 6 of the Equality Act 2010 as a threshold issue before any disability discrimination claims can succeed.

Legal authorities cited

Statutes

Equality Act 2010 s.6

Case details

Case number
3308088/2023
Decision date
29 April 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Name
Boots Management Services Limited
Sector
retail
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
lay rep
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