Case 3305039/2024 · Employment Tribunal
Mr Nicholas Hughes v Funeral Services Limited t/a: Co-Op Funeralcare — 2025
- Case reference
- 3305039/2024
- Decision date
- 18 November 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge M Warren Representation
Parties
2 namedClaimant
Mr Nicholas Hughes
Key findings
Tribunal's reasoningThe tribunal considered whether Mr Hughes met the Equality Act 2010 definition of disability at the relevant time. He relied on depression and anxiety, and the tribunal considered his impact statement, GP records and oral evidence, while noting the absence of a narrative medical report or letter addressing the likely effect of medication or prognosis.
The tribunal found that there was evidence of substantial adverse impact on day-to-day activities for a period between about August and December 2023, but that this was substantially shorter than 12 months. On the evidence before it, the tribunal could not find that the substantial adverse effect had lasted, was likely to last, or was likely to recur for the required period. The disability discrimination complaint therefore failed because Mr Hughes did not meet the statutory definition of a disabled person at the material time.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | The tribunal decided at a public preliminary hearing that the claimant was not disabled at the material time for the purposes of the Equality Act 2010, so the disability discrimination complaint failed and was dismissed. The unfair dismissal claim and a victimisation claim were referenced as continuing matters and were not adjudicated in this judgment. | Dismissed | Disability | — |
Legal tests applied
8 references- Equality Act 2010 section 6
- Equality Act 2010 section 212
- Schedule 1 paragraph 2 Equality Act 2010
- Schedule 1 paragraph 5 Equality Act 2010
- Guidance on Matters to be Taken into Account in Determining Questions Relating to the Definition of Disability
- Leonard v Southern Derbyshire Chamber of Commerce [2001] IRLR 19
- Woodrup v London Borough of Southwark [2003] IRLR 111 CA
- Swift v Chief Constable of Wiltshire Constabulary [2004] ICR 909 EAT
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.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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