Claimant v Highland Carpets & Flooring Ltd
Outcome
Individual claims
This was a preliminary hearing to determine disability status and jurisdiction only. The Tribunal found the claimant was a disabled person under s.6 Equality Act 2010 and had jurisdiction to hear the claim. The substantive discrimination claim has not yet been determined.
Facts
Mr Calvert brought a disability discrimination claim against his former employer Highland Carpets & Flooring Ltd. The respondent challenged whether the claimant was disabled under the Equality Act 2010 and whether the Tribunal had jurisdiction to hear the claim, likely on time limit grounds. A preliminary hearing was held remotely to determine these preliminary issues.
Decision
The Tribunal found that the claimant was a disabled person at the relevant time within the meaning of s.6 Equality Act 2010, and that it had jurisdiction to consider his claim. The substantive merits of the discrimination claim remain to be determined at a future hearing.
Practical note
Successfully establishing disability status and overcoming jurisdictional challenges at a preliminary hearing allows a discrimination claim to proceed to a full merits hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 4104901/2024
- Decision date
- 7 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- Yes
- Rep type
- lay rep