Claimant v South Wales Fire and Rescue Service
Outcome
Individual claims
This was a preliminary hearing to determine whether the claimant was disabled within the meaning of section 6 of the Equality Act 2010. The tribunal found that he was disabled at the relevant times, establishing the jurisdictional requirement for the discrimination claims to proceed.
Facts
The claimant, Mr Lewis Kirby, brought claims against South Wales Fire and Rescue Service. This was a preliminary hearing held remotely by video to determine a threshold issue of whether the claimant was disabled within the meaning of the Equality Act 2010. The claimant appeared in person while the respondent was represented by a solicitor.
Decision
The tribunal determined that the claimant was disabled at the relevant times for the purposes of section 6 of the Equality Act 2010. This preliminary determination allows the substantive discrimination claims to proceed to a full merits hearing.
Practical note
This case establishes the claimant's disability status as a preliminary matter, which is essential for disability discrimination claims to be heard on their merits.
Legal authorities cited
Statutes
Case details
- Case number
- 1603675/2024
- Decision date
- 27 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No