JP v Spelthorne Borough Council

JP v Spelthorne Borough Council

The Employment Judge did not err in considering whether the appellant was disabled during the relevant period as discerned from the pleadings and submissions, and was entitled to conclude that the relevant period ended at the date of dismissal, as there was no discernible allegation of discrimination after that date.

Parties
Appellant: JP; Respondent: Spelthorne Borough Council
Jurisdiction
England and Wales
Judgment Date
14 November 2025
Procedural Posture
Employment Appeal / Preliminary Hearing Appeal Against Preliminary Finding of Non Disability
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Practice and Procedure, Equality Act 2010, Preliminary Issues
Employment Law Disability Discrimination Practice and Procedure Equality Act 2010 Preliminary Issues

Case Brief

Summary, issues, holding and outcome

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Parties

JP

Appellant

Spelthorne Borough Council

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing Appeal Against Preliminary Finding of Non Disability

Legal Issues

  1. 1 Whether the Employment Judge erred by determining the appellant was not disabled without first identifying the specific allegations of disability discrimination.
  2. 2 Whether the relevant period for assessing disability should have included the appeal process post-dismissal.

Ratio Decidendi

The Employment Judge did not err in considering whether the appellant was disabled during the relevant period as discerned from the pleadings and submissions, and was entitled to conclude that the relevant period ended at the date of dismissal, as there was no discernible allegation of discrimination after that date.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.