Claimant v Secretary of State for Work and Pensions
Outcome
Individual claims
This was a preliminary hearing to determine disability status only. The tribunal found the claimant was disabled within the meaning of s.6 Equality Act 2010 due to asthma and its effects including susceptibility to allergic reactions affecting breathing. The substantive discrimination claims remain to be determined at a future hearing.
Facts
The claimant, Mr Welch, brought disability discrimination claims against his employer, the Department for Work and Pensions. The claimant has asthma and susceptibility to allergic reactions affecting his ability to breathe. A preliminary hearing was held to determine whether the claimant met the definition of disability under the Equality Act 2010.
Decision
The tribunal determined that the claimant was disabled within the meaning of section 6 of the Equality Act 2010, with the disability consisting of the effects of asthma including susceptibility to allergic reactions affecting breathing. The tribunal also found that even if susceptibility to allergic reactions was a separate impairment, the claimant would still be disabled due to asthma alone.
Practical note
Asthma combined with susceptibility to allergic reactions affecting breathing can constitute a disability under the Equality Act 2010, with both conditions potentially forming part of a single physical impairment.
Legal authorities cited
Statutes
Case details
- Case number
- 2411321/2023
- Decision date
- 4 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- central government
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No