Claimant v Cathay Investments Ltd
Outcome
Individual claims
At a case management preliminary hearing on 29 June 2023, the claimant withdrew the race discrimination claim. The tribunal did not determine this claim on the merits.
This was a preliminary hearing only to determine disability status and strike out/deposit order applications. The tribunal found the claimant was disabled by reason of schizophrenia, anxiety and stress. The merits of the discrimination claim remain to be determined at the final hearing.
The tribunal determined disability status at this preliminary hearing only. Whether the claimant was dismissed because of something arising in consequence of his disability remains to be determined at the final hearing.
Disability status was determined at this preliminary hearing. Whether the respondent failed to make reasonable adjustments for the claimant's schizophrenia, anxiety and stress remains to be determined at the final hearing.
Facts
The claimant was employed as a Legal Executive by the respondent for five weeks from 14 November to 19 December 2022. He informed the respondent he had a long-term mental health condition requiring regular medical appointments and medication causing drowsiness. He was dismissed during his probationary period. The claimant initially brought claims of race and disability discrimination but withdrew the race claim. The respondent challenged whether the claimant was disabled and applied to strike out or order a deposit on the remaining disability discrimination claims.
Decision
The tribunal found the claimant was disabled by reason of schizophrenia, anxiety and stress at the relevant time, relying on medical evidence showing long-term mental health difficulties since 2009 with substantial effects on day-to-day activities. The tribunal refused the respondent's strike out application, finding factual disputes about the respondent's knowledge of disability and reason for dismissal that must be determined at a full merits hearing. The deposit order and restricted reporting order applications were also refused.
Practical note
Disability status can be established even with limited medical evidence where there is clear evidence of substantial long-term effects on day-to-day activities, and discrimination claims should not be struck out where there are core factual disputes turning on credibility that require oral evidence at a full hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 2304938/2022
- Decision date
- 3 July 2024
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- financial services
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Legal Executive
- Service
- 1 months
Claimant representation
- Represented
- Yes
- Rep type
- barrister