Case 6023497/2024 · Employment Tribunal
In person, assisted by his wife For the v Respondent — 2026
- Case reference
- 6023497/2024
- Decision date
- 29 June 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Volkmer
Parties
1 namedClaimant
In person, assisted by his wife For the
Respondent
- —
Key findings
Tribunal's reasoningThis judgment determined only a preliminary issue in Mr Scott Selby’s pending claims against RAC Motoring Services: whether he was disabled during his employment from 26 June 2023 to 2 August 2024. It did not determine the merits of his unfair dismissal claim or his allegations of direct disability discrimination, discrimination arising from disability, and failure to make reasonable adjustments.
The respondent conceded at the hearing that Mr Selby was disabled by reason of rheumatoid arthritis and Raynaud’s condition. The tribunal found that these longstanding autoimmune impairments caused pain, loss of circulation and an inability to function properly, and had substantial, long-term adverse effects on his ability to carry out normal day-to-day activities. He was therefore a disabled person by reason of both conditions at all material times.
The tribunal found that Mr Selby had not established either the asserted impairment of crushed or fused vertebrae or a resulting substantial adverse effect on normal day-to-day activities. The medical material referred only to a previous back injury, the condition was not recorded in the cited GP summary or his Impact Statement, and a January 2024 X-ray showed no acute bony injury.
The tribunal also found that Mr Selby had not established disability by reason of ADHD or Autism at the material times. There was no evidence of an Autism diagnosis. Although the GP notes recorded an ADHD diagnosis in 1996 and discontinued medication in 2001, there was no evidence of related treatment or medical intervention during the following 25 years or of a substantial adverse effect on normal day-to-day activities. The judgment recorded no remedy or monetary award.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | This preliminary judgment determined disability status only. The tribunal found that the claimant met the statutory definition of disability by reason of rheumatoid arthritis and Raynaud’s condition, but not by reason of crushed/fused vertebrae or ADHD/Autism. It did not determine liability for the pleaded direct discrimination, discrimination arising from disability, or failure-to-make-adjustments allegations. | Other | Disability | — |
Legal tests applied
4 references- Equality Act 2010 s.6 and Schedule 1 definition of disability
- Morgan v Staffordshire University [2002] IRLR 190 EAT: claimant’s burden to establish disability
- Goodwin v Patent Office [1999] ICR 302 four-question test
- J v DLA Piper LLP [2010] ICR 1052 EAT sequential approach
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
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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