Cases2408795/2022

Claimant v Crystal Clear International Ltd

6 February 2025Before Employment Judge HorneLiverpoolin person

Outcome

Partly successful

Individual claims

Harassment(disability)struck out

The tribunal struck out harassment complaints at paragraphs 6.1 to 6.6 and 6.8 of the List of Issues on the ground that they had no reasonable prospect of success. The tribunal determined that the claimant's anxiety disability began on 30 June 2022, and complaints relating to events before that date could not succeed as disability-related harassment.

Harassment(disability)not determined

Harassment complaints at paragraphs 6.7 and 6.9 of the List of Issues were not struck out and remain to be determined at a future hearing. These complaints were presumably alleged to have occurred on or after 30 June 2022 when the claimant's anxiety disability began.

Direct Discrimination(disability)not determined

The complaint of direct discrimination because of the claimant's hearing impairment disability was not struck out and remains to be determined at a future hearing. The tribunal's judgment did not adversely affect the claimant's ability to pursue this claim.

Failure to Make Reasonable Adjustments(disability)not determined

The complaint of failure to make reasonable adjustments was not struck out and remains to be determined at a future hearing. The tribunal's judgment did not adversely affect the claimant's ability to pursue this claim.

Facts

The claimant brought multiple disability discrimination claims against her former employer, including harassment, direct discrimination, and failure to make reasonable adjustments. She had two disabilities: a hearing impairment and anxiety. The tribunal held a preliminary hearing to determine when her anxiety disability began and whether certain harassment complaints should be struck out.

Decision

The tribunal determined that the claimant's anxiety disability began on 30 June 2022. It struck out harassment complaints relating to events at paragraphs 6.1-6.6 and 6.8 on the ground they had no reasonable prospect of success, likely because they pre-dated the anxiety disability. The remaining claims, including two harassment complaints (6.7 and 6.9), direct discrimination related to her hearing impairment, and failure to make adjustments, were allowed to proceed.

Practical note

Harassment claims related to disability can only succeed if the claimant had the relevant disability at the time of the alleged acts, making the timing of disability onset a crucial preliminary issue in disability discrimination cases.

Legal authorities cited

Statutes

Equality Act 2010 s.6

Case details

Case number
2408795/2022
Decision date
6 February 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
other
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
Yes
Rep type
lay rep