Claimant v LKQ Euro Car Parts Ltd
Outcome
Individual claims
The tribunal determined at a preliminary hearing that the claimant was not a disabled person within the meaning of s.6 Equality Act 2010 at the material time (February 2023 to 4 August 2023). Without establishing disabled status, the claimant could not pursue disability discrimination claims.
This claim was not determined at the preliminary hearing and will proceed to a final hearing for determination on the merits.
This claim was not determined at the preliminary hearing and will proceed to a final hearing for determination on the merits.
Facts
The claimant Mr Sale was dismissed by LKQ Euro Car Parts Ltd on 4 August 2023. He brought claims of disability discrimination, unfair dismissal and wrongful dismissal. The material period for the disability discrimination claim was February 2023 to 4 August 2023. A preliminary hearing was held to determine whether the claimant met the definition of a disabled person under the Equality Act 2010.
Decision
The tribunal found that the claimant was not a disabled person within the meaning of s.6 Equality Act 2010 at the material time. The disability discrimination complaints were therefore dismissed. The unfair dismissal and wrongful dismissal claims will proceed to a final hearing.
Practical note
Establishing disabled status under s.6 Equality Act 2010 is a threshold requirement for disability discrimination claims, and failure at a preliminary hearing results in dismissal of those claims while other claims may proceed.
Legal authorities cited
Statutes
Case details
- Case number
- 1307697/2023
- Decision date
- 20 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister