Claimant v Secretary of State for Work and Pensions
Outcome
Individual claims
The tribunal found that the claimant was not disabled by reason of anxiety and depression at the relevant time. Without disability status, she had no standing to bring the claim for failure to make reasonable adjustments.
The tribunal determined that the claimant's communication of 9 August 2022 and grievance of 30 August 2022 were not protected acts under s27(2)(d) Equality Act 2010. Without protected acts, the alleged negative treatment could not form the basis of a victimisation claim.
Facts
Mrs Sandhu brought claims against the DWP for failure to make reasonable adjustments based on alleged disability (anxiety and depression) and victimisation based on communications made in August 2022. The case was heard as a preliminary hearing to determine whether she had standing to bring these claims.
Decision
The tribunal unanimously dismissed all claims. It found the claimant was not disabled at the relevant time and therefore had no standing for the reasonable adjustments claim. It also found her August 2022 communications were not protected acts under the Equality Act, so the victimisation claim could not proceed.
Practical note
A claimant must establish disability status at the relevant time to have standing for reasonable adjustments claims, and must show communications constitute protected acts under s27(2) for victimisation claims to proceed.
Legal authorities cited
Statutes
Case details
- Case number
- 2302036/2023
- Decision date
- 7 January 2025
- Hearing type
- preliminary
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- central government
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- union