6020278/2024Partial success

United Care Ltd

v Ms Billingham

16 March 2026·Employment Tribunal·England & Wales·Employment Judge Harding

Respondent

United Care Ltd

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Decision date

16 March 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Harding

Case Summary

On a preliminary hearing, the Employment Tribunal dismissed the claimant's claims of disability discrimination, disability-related harassment, and failure to make reasonable adjustments on the ground that the claimant failed to prove she was a disabled person during the relevant period (19 December 2023 – 2 October 2024). The claims of victimisation and whistleblowing detriment were allowed to continue.

Why this outcome?

One claim dismissed on the merits

The claimant failed to prove that she was a disabled person during the relevant period, which is a necessary precondition for disability discrimination, harassment related to disability, and reasonable adjustment claims under the Equality Act 2010.

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Key Issues

  • Whether the claimant was a disabled person at the relevant time
  • Discrimination because of something arising in consequence of disability
  • Harassment related to disability
  • Failure to make reasonable adjustments
  • Victimisation
  • Whistleblowing detriment

Decision Text

Full PDF

Case Number: 6020278.24 Note: written reasons will not be provided unless requested at the Hearing itself or in writing within 14 days of the sending of the written record of the decision, Rule 62(3). EMPLOYMENT TRIBUNALS BETWEEN Claimant Respondent Ms Billingham United Care Ltd AND JUDGMENT OF THE EMPLOYMENT TRIBUNAL ON A PRELIMINARY HEARING HELD AT Midlands West ON 16 March 2026 EMPLOYMENT JUDGE Harding Representation For the Claimant: No Attendance For the Respondent: Mr Ridgeway, Tribunal Advocate JUDGMENT 1 The claimant has not proved that she was a disabled person at the relevant time (19 December 2023 – 2 October 2024). Accordingly, the claims of discrimination because of something arising in consequence of disability, harassment related to disability and a failure to make reasonable adjustments fail and are dismissed. 2 The claims of victimisation and whistleblowing detriment are unaffected by this judgment and will continue. Case Number: 6020278.24 Note: written reasons will not be provided unless requested at the Hearing itself or in writing within 14 days of the sending of the written record of the decision, Rule 62(3). Case No:6020278.24 Employment Judge Harding Approved on: 16 March 2026

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