Cases2200450/2024

Claimant v Apple Retail UK Limited

13 August 2024Before Employment Judge GlennieLondon Central

Outcome

Partly successful

Individual claims

Discrimination Arising from Disability (s.15)(disability)struck out

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.

Failure to Make Reasonable Adjustments(disability)struck out

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.

Unfair Dismissalnot determined

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

Equality Act 2010

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