Cases3314941/2023

Claimant v Adaptimmune Limited

7 March 2025Before Employment Judge FreshwaterWatfordremote video

Outcome

Partly successful

Individual claims

Direct Discrimination(disability)failed

The tribunal determined that the claimant was not a disabled person under section 6 of the Equality Act 2010. Without establishing disability status, the direct discrimination claim relating to disability could not succeed.

Indirect Discrimination(disability)failed

Following the tribunal's finding that the claimant did not meet the definition of a disabled person under the Equality Act 2010, this claim was dismissed as disability status is a prerequisite for an indirect discrimination claim relating to disability.

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

The claim failed because the tribunal ruled that the claimant was not a disabled person within the meaning of section 6 of the Equality Act 2010, which is a threshold requirement for discrimination arising from disability under section 15.

Failure to Make Reasonable Adjustments(disability)failed

This claim was dismissed following the tribunal's determination that the claimant was not a disabled person. The duty to make reasonable adjustments only applies where an individual has a disability as defined by the Equality Act 2010.

Harassment(disability)failed

The harassment claim relating to disability was dismissed after the tribunal found that the claimant did not satisfy the definition of a disabled person under the Equality Act 2010.

Automatic Unfair Dismissalnot determined

This claim remains to be determined at the adjourned preliminary hearing scheduled for 3 April 2025 as the claimant was unable to attend the second day due to illness.

Victimisationnot determined

This claim remains outstanding and will be considered at the continued preliminary hearing on 3 April 2025 following the adjournment due to the claimant's illness.

Othernot determined

The claimant's claim of less favourable treatment as a fixed-term worker was not addressed due to the adjournment and will be determined at the continued preliminary hearing on 3 April 2025.

Breach of Contractnot determined

The breach of contract claim remains to be considered at the adjourned preliminary hearing on 3 April 2025 after the claimant reported illness and was unable to participate on the second day.

Facts

This is a preliminary hearing in a case involving multiple claims brought by the claimant against his former employer Adaptimmune Limited. The claimant pursued claims relating to disability discrimination, automatic unfair dismissal, victimisation, less favourable treatment as a fixed-term worker, and breach of contract. The claimant attended the first day of the hearing but was unable to attend the second day due to illness.

Decision

The tribunal found that the claimant was not a disabled person under section 6 of the Equality Act 2010, resulting in the dismissal of all disability-related discrimination claims (direct discrimination, indirect discrimination, discrimination arising from disability, failure to make reasonable adjustments, and harassment). The remaining claims for automatic unfair dismissal, victimisation, less favourable treatment as a fixed-term worker, and breach of contract were adjourned to 3 April 2025 due to the claimant's illness preventing his attendance on the second day.

Practical note

A claimant must establish they meet the statutory definition of disability under section 6 of the Equality Act 2010 as a threshold requirement before any disability discrimination claims can succeed; failure to establish disability status will result in dismissal of all related claims.

Legal authorities cited

Statutes

Equality Act 2010 s.6

Case details

Case number
3314941/2023
Decision date
7 March 2025
Hearing type
preliminary
Hearing days
2
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No