Case 2402416/2024 · Employment Tribunal
Miss S Dwyer v Foundation 92 — 2025
- Case reference
- 2402416/2024
- Decision date
- 17 April 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Parkin Representation
Parties
2 namedClaimant
Miss S Dwyer
Respondent
Key findings
Tribunal's reasoningAt a preliminary hearing, the Tribunal determined whether the claimant was disabled at the relevant time, 2 January 2024 to 8 March 2024, by reason of a lower respiratory tract infection. The Tribunal accepted that the infection was a physical impairment and that it had a substantial adverse effect on her ability to carry out day-to-day activities in the early months of 2024.
The Tribunal found that the claimant had not established the long-term element of the statutory definition. Looking at the position as at 8 March 2024, the Tribunal concluded there was nothing to show that the impairment was progressive or recurring such that it was likely to last for more than 12 months. Her complaints relying on the protected characteristic of disability were therefore dismissed, while the remaining complaints were left to proceed to final hearing.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | The Tribunal found the claimant was not a disabled person within section 6 of the Equality Act 2010 at the relevant time, so disability discrimination complaints were dismissed for want of jurisdiction. Other non-disability complaints were not determined and were to proceed to final hearing. | Dismissed | Disability | — |
| Harassment | The Tribunal dismissed disability harassment for want of jurisdiction following its finding that the claimant was not disabled at the relevant time. Race harassment and other complaints were not determined in this judgment. | Dismissed | Disability | — |
Legal tests applied
5 references- section 6 Equality Act 2010
- Schedule 1 Equality Act 2010
- Secretary of State's Guidance on Matters to be Taken into Account in Determining Questions Relating to the Definition of Disability (2011)
- EHRC Equality Act 2010 Statutory Code of Practice Appendix 1
- Banaszczyk v Bookers Ltd
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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