Claimant v Storetec Services Ltd
Outcome
Individual claims
The tribunal determined that the claimant did not meet the definition of a disabled person within Section 6 of the Equality Act 2010 on 2 December 2023. This was a preliminary issue determining whether disability status was established. Without establishing disability status, the discrimination claims could not proceed.
The unfair dismissal claim will continue to a final hearing. The preliminary hearing only dealt with the disability status issue and did not determine the merits of the unfair dismissal claim.
The breach of contract claim will continue to a final hearing. The preliminary hearing only dealt with the disability status issue and did not determine the merits of the contract claim.
Facts
The claimant brought claims of disability discrimination, unfair dismissal and breach of contract following his dismissal on 2 December 2023. A preliminary hearing was held to determine whether the claimant was a disabled person within the meaning of the Equality Act 2010. The respondent was represented by a solicitor while the claimant appeared in person.
Decision
The tribunal determined that the claimant did not meet the definition of a disabled person under Section 6 of the Equality Act 2010 on 2 December 2023, effectively dismissing the disability discrimination claims. However, the unfair dismissal and breach of contract claims will proceed to a final hearing.
Practical note
A preliminary hearing on disability status can dispose of discrimination claims while allowing other claims to proceed, emphasizing the importance of establishing the statutory definition of disability early in proceedings.
Legal authorities cited
Statutes
Case details
- Case number
- 6002745/2024
- Decision date
- 17 April 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No