Kettering General Hospital NHS Foundation Trust

Case Summary

The case was dismissed as the claimant was not disabled at the relevant time and her claims for disability discrimination, harassment, and discrimination arising from disability were deemed to have no reasonable prospect of success. The claims for notice pay and holiday pay will proceed to final determination.

The tribunal found the claimant was not disabled at the relevant time, which means the disability discrimination, harassment, and discrimination arising from disability claims have no reasonable prospect of success and were dismissed at a preliminary stage.

• •disability status of the claimant
• •failure to make reasonable adjustments
• •harassment
• •discrimination arising from disability

Case No: 3300907 / 2024 EMPLOYMENT TRIBUNALS Claimant: S COBLEY Respondent: KETTERING GENERAL HOSPITAL NHS FOUNDATION TRUST Heard at: Watford Employment Tribunal (by video) On: 11 October 2024 Before: Employment Judge Din (sitting alone) Representation Claimant: D Fletcher, Workers of England Union Respondent: G Deane, counsel, instructed by Capsticks LLP JUDGMENT 1. The Claimant was not disabled at the relevant time within the meaning of section 6 of the Equality Act 2010. 2. The Claimant’s claim for disability discrimination by reason of a failure to make reasonable adjustments under sections 20 and 21 of the Equality Act 2010 is dismissed as having no reasonable prospect of success. 3. The Claimant’s claim for disability related harassment under section 26 of the Equality Act 2010 is dismissed as having no reasonable prospect of success. 4. The Claimant’s claim for discrimination arising from disability under section 15 of the Equality Act 2010 is dismissed as having no reasonable prospect of success. 5. The Claimant’s claims for notice pay and holiday pay shall proceed to final determination. Case No: 3300907 / 2024 Employment Judge Din Date: 11 October 2024 JUDGMENT SENT TO THE PARTIES ON 31/10/2024 FOR THE TRIBUNAL OFFICE Notes Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Public access to employment tribunal decisions Judgments and r…