Cases6009505/2024

Claimant v DHL Services Limited

12 March 2025Before Employment Judge EdmondsBirminghamremote video

Outcome

Partly successful

Individual claims

Discrimination Arising from Disability (s.15)(disability)partly succeeded

The tribunal determined that the claimant was a disabled person within the meaning of section 6 Equality Act 2010 due to anxiety from 1 January 2023 onwards. Claims relating to the period from 1 January 2023 can proceed to a full hearing. Claims relating to the period prior to 1 January 2023 were dismissed as the claimant did not meet the definition of disabled during that earlier period.

Facts

This was a preliminary hearing to determine whether the claimant was a disabled person for the purposes of her disability discrimination claims. The claimant brought claims relating to treatment both before and after 1 January 2023. The tribunal heard evidence regarding the claimant's anxiety condition and when it met the statutory definition of disability.

Decision

The tribunal found that the claimant was disabled due to anxiety from 1 January 2023 onwards, meaning her disability discrimination claims from that date can proceed. However, claims relating to the period before 1 January 2023 were dismissed as she did not meet the definition of disabled during that earlier period.

Practical note

The timing of when a condition meets the statutory definition of disability is critical and determines which claims can proceed to a full hearing.

Legal authorities cited

Statutes

Equality Act 2010 s.6

Case details

Case number
6009505/2024
Decision date
12 March 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
logistics
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No