Claimant v GCA Domestic Limited
Outcome
Individual claims
The tribunal determined as a preliminary issue that the claimant was not disabled within the meaning of section 6 of the Equality Act 2010 at the relevant time. Because the claimant did not meet the statutory definition of disability, the claim for failure to make reasonable adjustments necessarily failed and was dismissed.
The tribunal found that the claimant was not disabled within the meaning of section 6 of the Equality Act 2010. Without establishing disability status, discrimination arising from disability under section 15 could not succeed, and the claim was dismissed at this preliminary stage.
This claim was not determined at the preliminary hearing. The tribunal ordered that it shall proceed to final determination at a future hearing.
This claim for direct age discrimination was not determined at the preliminary hearing. The tribunal ordered that it shall proceed to final determination at a future hearing.
Facts
This was a preliminary hearing to determine whether the claimant met the statutory definition of disability under section 6 of the Equality Act 2010. The claimant appeared in person while the respondent was represented by counsel. The tribunal heard evidence and submissions on the disability issue as well as considering the claimant's other claims for unlawful deduction from wages and direct age discrimination.
Decision
The tribunal determined that the claimant was not disabled within the meaning of the Equality Act 2010 at the relevant time. Consequently, both disability-related claims (failure to make reasonable adjustments and discrimination arising from disability) were dismissed. The claims for unlawful deduction from wages and direct age discrimination will proceed to a final hearing.
Practical note
This case demonstrates the importance of establishing disability status at a preliminary hearing before disability discrimination claims can proceed, and shows that self-represented claimants face significant challenges when opposing represented respondents on technical legal issues.
Legal authorities cited
Statutes
Case details
- Case number
- 2502191/2023
- Decision date
- 12 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No