Claimant v Francomes Building Timber and Landscaping Supplies
Outcome
Individual claims
This was a preliminary hearing to determine whether the claimant's frozen shoulder condition met the definition of disability under the Equality Act 2010. The tribunal concluded that the condition did not satisfy the legal requirements for disability status, which was a necessary jurisdictional threshold for the discrimination claims to proceed.
Facts
The claimant brought disability discrimination claims against her employer, a building timber and landscaping supplies company, based on a frozen shoulder condition. The matter came before the tribunal at a preliminary hearing to determine whether her condition met the legal definition of disability under the Equality Act 2010. The claimant represented herself while the respondent was represented by a Chartered Legal Executive.
Decision
The tribunal concluded that the claimant's frozen shoulder condition did not meet the statutory definition of disability under the Equality Act 2010. This meant the claimant could not pursue her disability discrimination claims as she had not established the necessary jurisdictional threshold. Oral reasons were provided at the hearing.
Practical note
A frozen shoulder condition does not automatically qualify as a disability under the Equality Act 2010 without sufficient evidence to establish substantial and long-term adverse effects on normal day-to-day activities.
Legal authorities cited
Statutes
Case details
- Case number
- 2400679/2024
- Decision date
- 2 April 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No