Richard Temple v Leeds City Council At a Preliminary Hearing — 2019

At the preliminary hearing on 12 February 2019, Employment Judge Lancaster found that Richard Temple was at all material times from 8 January 2015 to December 2017/January 2018 a disabled person within the meaning of the Equality Act 2010. The tribunal granted the claimant's application to amend the description of his diagnosed disabling conditions in the ET1 by adding the words 'and adjustment disorder'. The alternative application to add a claim arising from a past disability under section 6(4) of the Equality Act 2010 was not pursued.

The tribunal then considered the claimant's discrimination claims on a preliminary basis. It held that the failure to make reasonable adjustments claim did not have little reasonable prospect of success, so that claim was allowed to proceed. It also held that the section 15 Equality Act 2010 claim had little reasonable prospect of success, and that claim was made subject to a separate deposit order.

This was a preliminary hearing only and the judgment does not record any final liability findings or any monetary award. The decision is limited to disability status, amendment of the pleaded diagnosis, and the prospects assessment for the reasonable adjustments and section 15 claims.