4109815/2021Dismissed

Scottish Ambulance Service Board

v C Briggs

9 May 2022·Employment Tribunal·Scotland·M Sutherland

Respondent

Scottish Ambulance Service Board

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Decision date

9 May 2022

Tribunal

Employment Tribunal

Jurisdiction

Scotland

Judge

M Sutherland

Case Summary

The employment tribunal found that Christine Briggs was not disabled during the relevant period and dismissed her complaint of disability discrimination.

Why this outcome?

Claim not well-founded

The tribunal found that the claimant was not disabled during the relevant period, which means she could not establish the protected characteristic required to pursue a disability discrimination claim.

Key Issues

  • Whether the claimant was disabled in terms of Section 6 of the Equality Act 2010 at the time of alleged discrimination

Decision Text

Full PDF

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No.s: 4109815/2021 & 4109817/2021 Held via Cloud Video Platform (CVP) on 28 April 2021 Employment Judge: M Sutherland 5 Christine Briggs Claimant In Person 10 Scottish Ambulance Service Board Respondent Represented by:- Mr G Fletcher, Solicitor 15 JUDGMENT OF THE EMPLOYMENT TRIBUNAL 20 The judgment of the Tribunal is that the Claimant was not disabled during the relevant time and her complaint of disability discrimination is dismissed. REASONS 1. The Claimant has presented complaints of constructive dismissal and sex 25 discrimination. She made an application to amend to include complaints of disability discrimination which application is yet to be determined. An open preliminary hearing was arranged to determine whether the Claimant was disabled in terms of Section 6 of the Equality Act 2010 at the time of the alleged acts of discrimination (‘the relevant time’). For the purposes of this 30 hearing it was agreed between the parties that the relevant time was the period from 27 July 2020 to 24 February 2021. 4109815/2021 and 4109817/2021 Page 2 2. The Claimant appeared on her own behalf. The Respondent was represented by Mr G Fletcher, Solicitor. 3. The Claimant asserted disability status in respect of the mental impairment of “stress, anxiety and depression”. At a prior case management preliminary hearing the Claimant had been referred to the statutory guidance on the 5 definition of disability. The Claimant subsequently lodged an impact statement. 4. The Claimant gave evidence on her own behalf and did not call any other witnesses. The Respondent did not call any witnesses. 5. The Claimant sought to rely upon a witness statement prepared by a friend 10 about her telephone calls with the Claimant during the relevant time. Her application

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