Claimant v CTS Ironmongery Ltd
Outcome
Individual claims
This claim was not determined at the preliminary hearing and will proceed to a final hearing in accordance with the Case Management Order.
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.
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.
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.
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
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