Claimant v Barchester Healthcare Limited
Outcome
Individual claims
The tribunal found that at the relevant times the claimant was not a disabled person as defined by section 6 Equality Act 2010 because of type 2 diabetes and/or asthma and/or depression and/or arthritis and/or sciatica and/or visual impimpairment/migraines. Without establishing disabled status, the discrimination claims could not succeed.
The tribunal dismissed this claim as the claimant was not found to be a disabled person within the meaning of section 6 Equality Act 2010. Without establishing disability status, there was no duty to make reasonable adjustments.
The tribunal dismissed the harassment related to disability claim on the basis that the claimant was not a disabled person as defined by the Equality Act 2010, which was a prerequisite for this claim.
Facts
The claimant brought disability discrimination claims against her employer, a healthcare company, alleging discrimination, failure to make reasonable adjustments, and harassment related to disability. She cited multiple conditions including type 2 diabetes, asthma, depression, arthritis, sciatica, and visual impairment/migraines. The preliminary hearing was held remotely 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 as defined by section 6 of the Equality Act 2010 in relation to any of the cited conditions. As disability status is a prerequisite for all the claims brought, all claims for discrimination, unfavourable treatment arising from disability, failure to make reasonable adjustments, and harassment related to disability were dismissed.
Practical note
Without establishing disability status under section 6 Equality Act 2010, all disability-related claims fail at the preliminary stage, highlighting the importance of comprehensive medical evidence when pursuing disability discrimination claims.
Legal authorities cited
Statutes
Case details
- Case number
- 1405440/2023
- Decision date
- 15 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No