Claimant v Apple Retail UK Limited
Outcome
Individual claims
The tribunal determined at preliminary hearing that the claimant was not a disabled person within the meaning of the Equality Act 2010 at the relevant time, which is a jurisdictional requirement for any disability discrimination claim. Without meeting the definition of disability, the discrimination claims could not proceed.
As the tribunal found the claimant was not disabled within the meaning of the Equality Act 2010, the reasonable adjustments claim necessarily failed. The duty to make reasonable adjustments only applies to disabled persons, and this jurisdictional threshold was not met.
The unfair dismissal claim remains live and will proceed to a full merits hearing scheduled for 11-13 February 2025. The tribunal reduced the hearing allocation to 3 days to determine this remaining claim.
Facts
Ms Osman brought claims against Apple Retail UK Limited including unfair dismissal and disability discrimination claims. At a preliminary hearing, the tribunal considered whether the claimant met the definition of a disabled person under the Equality Act 2010, which is a jurisdictional requirement for disability discrimination claims.
Decision
The tribunal found that Ms Osman was not a disabled person within the meaning of the Equality Act 2010 at the relevant time, which effectively disposed of all disability-related claims. The unfair dismissal claim remains live and will proceed to a 3-day final hearing in February 2025.
Practical note
Establishing disability status under the Equality Act 2010 is a jurisdictional threshold that must be met before any disability discrimination claims can proceed, and tribunals will determine this as a preliminary issue where disputed.
Legal authorities cited
Statutes
Case details
- Case number
- 2200450/2024
- Decision date
- 13 August 2024
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No