Cases6002047/2024

Claimant v CTS Ironmongery Ltd

5 April 2025Before Employment Judge P Morganremote video

Outcome

Partly successful

Individual claims

Unfair Dismissalnot determined

This claim was not determined at the preliminary hearing and will proceed to a final hearing in accordance with the Case Management Order.

Direct Discrimination(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 stress, anxiety, and/or depression. Without disability status, the claim of direct disability discrimination cannot succeed.

Failure to Make Reasonable Adjustments(disability)failed

The tribunal found that the claimant was not a disabled person as defined by section 6 Equality Act 2010 at the relevant times. This is a threshold issue for reasonable adjustments claims, which therefore failed.

Victimisationfailed

The tribunal dismissed the victimisation complaint. While the specific reasoning is not detailed in this preliminary judgment, it was dismissed alongside the disability-related claims.

Other(disability)failed

The complaint of unfavourable treatment because of something arising in consequence of disability (section 15 EqA 2010) failed because the tribunal found the claimant was not a disabled person at the relevant times.

Facts

Mr Zdanowicz brought claims against his former employer CTS Ironmongery Ltd including unfair dismissal and various disability discrimination claims based on stress, anxiety, and/or depression. A preliminary hearing was held by video to determine whether he met the definition of disability under section 6 of the Equality Act 2010.

Decision

The tribunal found that the claimant was not a disabled person as defined by the Equality Act 2010 at the relevant times. Consequently, all disability-related claims (direct discrimination, failure to make reasonable adjustments, victimisation, and unfavourable treatment) were dismissed. The unfair dismissal claim will proceed to a full hearing.

Practical note

This case demonstrates that disability status is a threshold issue in discrimination claims - without establishing disability under section 6 EqA 2010, all related claims must fail at a preliminary stage.

Legal authorities cited

Statutes

Equality Act 2010 s.6

Case details

Case number
6002047/2024
Decision date
5 April 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
manufacturing
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No