Cases8001059/2024

Claimant v GXO Logistics UK Limited

27 March 2025Before Employment Judge D N JonesScotlandremote video

Outcome

Claimant fails

Individual claims

Discrimination Arising from Disability (s.15)(disability)failed

The claimant failed to provide any evidence, either oral or documentary, to establish that she had a physical or mental impairment that had a substantial and long-term adverse effect on her ability to carry out normal day-to-day activities. The tribunal found that the claimant had not discharged the burden of proving she satisfied the definition of disability under section 6 of the Equality Act 2010 during the material time of April to July 2024.

Facts

The claimant was employed by the respondent between 12 November 2023 and 9 July 2024. She brought claims of disability discrimination relating to events between April and July 2024. She asserted that she had PTSD, insomnia, low self-esteem, syncopal episodes, anxiety, depression, ADHD and other conditions. Despite repeated tribunal orders, the claimant and her lay representative failed to clarify which conditions she was relying on as a disability or to provide any medical evidence or detailed oral evidence about the impact on her day-to-day activities.

Decision

The tribunal dismissed the claim on the preliminary issue of disability status. The claimant failed to provide any evidence, either documentary or oral, to establish that she had an impairment with a substantial and long-term adverse effect on normal day-to-day activities. The claimant had not discharged the burden of proving she was a disabled person within the meaning of section 6 Equality Act 2010 at the material time.

Practical note

A claimant must actively adduce evidence—both oral and documentary—to prove disability status; failure to comply with tribunal orders to clarify impairments and provide medical evidence will result in dismissal of the claim.

Legal authorities cited

Statutes

Equality Act 2010 s.6

Case details

Case number
8001059/2024
Decision date
27 March 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
logistics
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
lay rep