Cases2413644/2023

Claimant v Westshield Limited

14 April 2025Before Employment Judge EeleyManchesterremote video

Outcome

Claimant fails

Individual claims

Failure to Make Reasonable Adjustments(disability)failed

The tribunal found that at the relevant times the claimant was not a disabled person within the meaning of section 6 of the Equality Act 2010 because of stress and anxiety. As disability status is a prerequisite for a reasonable adjustments claim, the claim was dismissed.

Facts

The claimant brought a claim for failure to make reasonable adjustments based on stress and anxiety. This was a preliminary hearing to determine whether the claimant met the definition of a disabled person under the Equality Act 2010. The claimant was represented by his brother as a lay representative, and the respondent was represented by a solicitor.

Decision

The tribunal concluded that the claimant did not meet the definition of a disabled person under section 6 of the Equality Act 2010 in relation to stress and anxiety. As disability status is a prerequisite for a reasonable adjustments claim, the claim was dismissed.

Practical note

This case reinforces that claimants must establish they meet the statutory definition of disability under the Equality Act 2010 before a reasonable adjustments claim can succeed.

Legal authorities cited

Statutes

EqA 2010 s.6

Case details

Case number
2413644/2023
Decision date
14 April 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
other
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
Yes
Rep type
lay rep