Claimant v Secretary of State for Defence

The tribunal found that the dismissal was fair under s98 Employment Rights Act 1996. The respondent established a potentially fair reason for dismissal and followed a fair procedure, falling within the band of reasonable responses.

The tribunal found that the Claimant was not disabled in accordance with s6 Equality Act 2010 by reason of Benign Joint Hypermobility at the relevant time. Without establishing disability status, all disability-related claims failed.

The claim under s15 Equality Act 2010 was not well-founded because the tribunal found the Claimant was not disabled at the relevant time, which is a prerequisite for this claim.

The claim under ss20 and 21 Equality Act 2010 failed because the tribunal determined the Claimant was not a disabled person at the relevant time, so the duty to make reasonable adjustments did not arise.