Claimant v City Plumbing Supplies Holdings Ltd
Outcome
Individual claims
The tribunal determined that the claimant did not meet the definition of a disabled person under section 6 of the Equality Act 2010. Without establishing disabled status, the claimant could not pursue disability discrimination claims.
The tribunal found the claimant was not a disabled person under section 6 of the Equality Act 2010, which is a jurisdictional prerequisite for this claim. The claim was therefore dismissed.
The tribunal concluded the claimant did not have disabled status under the Equality Act 2010, meaning the duty to make reasonable adjustments did not arise. The claim was dismissed on jurisdictional grounds.
The tribunal determined that the claimant did not have the requisite continuity of employment to pursue a claim for redundancy payment, likely meaning he had less than two years' continuous service.
Facts
The claimant brought claims for disability discrimination and redundancy payment against City Plumbing Supplies Holdings Ltd. The matter proceeded to a preliminary hearing to determine whether the claimant met the statutory definition of a disabled person and whether he had sufficient continuity of employment for a redundancy payment claim. The claimant represented himself while the respondent was represented by a solicitor.
Decision
The tribunal dismissed all claims. It determined that the claimant was not a disabled person within the meaning of section 6 of the Equality Act 2010, which was fatal to his disability discrimination claims. The redundancy payment claim was dismissed because the claimant lacked the requisite continuity of employment, likely having worked for less than two years.
Practical note
A preliminary hearing on disability status can dispose of all disability discrimination claims if the claimant fails to establish they meet the statutory definition of disability under the Equality Act 2010.
Legal authorities cited
Statutes
Case details
- Case number
- 3313351/2023
- Decision date
- 5 December 2024
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No