Mr C Kemp v Ministry of Defence — 2022

The claimant withdrew complaints of defamation and mishandling of personal data. The tribunal dismissed those complaints by way of withdrawal and noted that it would not have had jurisdiction to consider them.

The continuing complaint was disability discrimination. The claimant relied on PTSD, although before the hearing he had stated that he was not disabled and that PTSD no longer affected his day-to-day activities after treatment in 2018. At the hearing he said the condition did have substantial adverse effects. The tribunal said disability status would have required determination at a contested hearing if the case continued.

The tribunal found that the disability discrimination complaint had no reasonable prospects of success. It found that the respondent did not dismiss the claimant after becoming aware of his historical PTSD, but allowed him to attend a second firearms course. The respondent acted after concerns arising from his conduct on that course, including a serious firearms safety incident, and the Chief Firearms Officer advised against a third course because of risk. The tribunal concluded the claimant could not prove facts from which a tribunal could conclude that dismissal was because of disability or perceived disability.