Claimant v Norbar Torque Tools Limited
Outcome
Individual claims
The claimant withdrew her unfair dismissal claim under Part X of the Employment Rights Act 1996. The tribunal dismissed the claim on withdrawal.
The tribunal found that the claimant was not a disabled person within the meaning of section 6 of the Equality Act 2010 at the relevant times. Without meeting the threshold definition of disability, the claims for disability discrimination could not succeed.
The tribunal found that the claimant's employment terminated on 24 July 2024 and she was paid the amounts to which she was entitled. Her claim for sick pay had no reasonable prospect of success.
Facts
The claimant, Mrs Trytko, brought claims against her former employer Norbar Torque Tools Limited for unfair dismissal and disability discrimination. Her employment ended on 24 July 2024. She also claimed she had not been paid the sick pay to which she was entitled. This was a preliminary hearing to determine jurisdictional and preliminary issues.
Decision
The tribunal dismissed the unfair dismissal claim on withdrawal by the claimant. The disability discrimination claims were dismissed because the tribunal found the claimant did not meet the definition of a disabled person under section 6 of the Equality Act 2010. The sick pay claim was dismissed as having no reasonable prospect of success, as the claimant had been paid all amounts to which she was entitled.
Practical note
A claimant must satisfy the statutory definition of disability under section 6 of the Equality Act 2010 as a threshold issue before any disability discrimination claims can proceed.
Legal authorities cited
Statutes
Case details
- Case number
- 6008963/2024
- Decision date
- 7 March 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No