Cases→3302051/2023

Claimant v Interduct UK Ltd

12 January 2024Before Employment Judge WilkinsonReadingremote video

Outcome

Other

Individual claims

Direct Discrimination(disability)not determined

This preliminary hearing established that the claimant was disabled due to schizoaffective bipolar disorder and episodic amnesia. The claim continues to full merits hearing scheduled for May 2024.

Failure to Make Reasonable Adjustments(disability)not determined

Disability status established at preliminary hearing for schizoaffective bipolar disorder and episodic amnesia. The claim continues to full merits hearing scheduled for May 2024.

Discrimination Arising from Disability (s.15)(disability)not determined

Disability status established at preliminary hearing for schizoaffective bipolar disorder and episodic amnesia. The claim continues to full merits hearing scheduled for May 2024.

Harassment(disability)not determined

The claimant's claim under section 26 Equality Act 2010 continues to full merits hearing. The separate Protection From Harassment Act claim was dismissed for lack of jurisdiction.

Breach of Contractwithdrawn

Notice pay claim dismissed on withdrawal by consent at the preliminary hearing.

Holiday Paywithdrawn

Holiday pay claim dismissed following withdrawal by the claimant on 30 August 2023, confirmed at this hearing.

Facts

This was a preliminary hearing to determine disability status and case management matters. The claimant brought disability discrimination claims and other claims against his former employer. At the hearing, the parties agreed various matters by consent including withdrawal of notice pay and holiday pay claims, and dismissal of a Protection From Harassment Act claim for lack of jurisdiction.

Decision

The tribunal determined that the claimant was disabled due to schizoaffective bipolar disorder and episodic amnesia, but not due to Brugada Syndrome. Several claims were dismissed by consent on withdrawal or for lack of jurisdiction. The remaining disability discrimination claims were listed for a full merits hearing in May 2024.

Practical note

Preliminary hearings can efficiently resolve disability status issues and narrow the scope of claims through consensual withdrawals before proceeding to full merits hearings.

Legal authorities cited

Statutes

Equality Act 2010 s.6Equality Act 2010 s.26Protection From Harassment Act 1997

Case details

Case number
3302051/2023
Decision date
12 January 2024
Hearing type
preliminary
Hearing days
1
Classification
procedural

Respondent

Name
Interduct UK Ltd
Sector
other
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No
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