Mr P R Hughes v Halton Borough Council: 2418114/2018
JUDGMENT
[1]The claimant is a disabled person as defined by s.6 Equality Act 2010 by virtue only of anxiety and depression.[2]The respondent did not know, and could not reasonably have known, that the claimant was a disabled person until it received an Occupational Health Report dated 14th June 2018 from Colette Hornsby, Occupational Health Specialist Practitioner.[3]The respondent’s application for the claimant’s claims (that he was unfairly dismissed and discriminated against in connection with the protected characteristic of disability) to be struck out as having no reasonable prospect of success is dismissed upon withdrawal.[4]The claimant’s claims that he was unfairly dismissed and discriminated against in connection with the protected characteristic of disability have some reasonable prospect of succeeding; it cannot be said, without the tribunal hearing evidence and finding facts, that they have little reasonable prospect Case No. 2418114/2018 2 such that a deposit order ought to be made. The respondent’s application for a Deposit Order or Orders is dismissed. Employment Judge T.V. Ryan Date: 24.10.19