Claimant v WM Morrison Supermarkets Limited
Outcome
Individual claims
This claim proceeds to determination at a Final Hearing. The preliminary hearing was limited to determining disability status and related Equality Act claims.
The harassment claim under section 26 of the Equality Act 2010 proceeds to determination at a Final Hearing, having survived the preliminary hearing.
The tribunal found that the claimant did not have the protected characteristic of disability in terms of section 6 of the Equality Act 2010 in the relevant period. Without establishing disability status, all disability discrimination claims (except harassment under s.26) failed and were dismissed.
This claim was dismissed because the tribunal determined the claimant did not have the protected characteristic of disability in the relevant period, which is a prerequisite for this claim.
Facts
Mr Forsyth brought claims against Morrison's supermarket including unfair dismissal and multiple claims under the Equality Act 2010. A preliminary hearing was held to determine whether he had the protected characteristic of disability. The claimant represented himself while the respondent was represented by counsel.
Decision
The tribunal determined that the claimant did not have the protected characteristic of disability under section 6 of the Equality Act 2010 during the relevant period. Consequently, all Equality Act claims except harassment under section 26 were dismissed. The unfair dismissal claim and harassment claim proceed to a full merits hearing.
Practical note
Establishing disability status is a prerequisite for most disability discrimination claims, and failure at a preliminary hearing on this issue will result in dismissal of those claims, though unrelated claims like unfair dismissal and harassment may proceed.
Legal authorities cited
Statutes
Case details
- Case number
- 4106833/2024
- Decision date
- 9 April 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No