Cases2304558/2024

Claimant v Mrs Gwenny Jones

18 March 2025Before Employment Judge M AspinallLondon Southremote video

Outcome

Claimant fails

Individual claims

Failure to Make Reasonable Adjustments(disability)failed

The tribunal determined as a preliminary issue that the claimant was not disabled for the purposes of Section 6 of the Equality Act 2010 at the material times. As disability status is a prerequisite for a claim under Sections 20-22, the failure to make reasonable adjustments claim was dismissed.

Facts

The claimant brought claims including disability discrimination against Mrs Gwenny Jones and Swanley Medical Practice. A preliminary hearing was held to determine whether the claimant was disabled within the meaning of the Equality Act 2010. The claimant appeared in person while the respondents were represented by a litigation consultant.

Decision

The tribunal found that the claimant was not disabled for the purposes of Section 6 of the Equality Act 2010 at the material times. The disability-related claims, specifically failure to make reasonable adjustments, were dismissed. Other claims in the case remain unaffected and will proceed.

Practical note

A preliminary hearing to determine disability status can dispose of disability discrimination claims where the tribunal finds the claimant does not meet the statutory definition under Section 6 of the Equality Act 2010.

Legal authorities cited

Statutes

Equality Act 2010 s.6Equality Act 2010 ss.20-22

Case details

Case number
2304558/2024
Decision date
18 March 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
lay rep

Claimant representation

Represented
No