H Ahmed v Department of Work and Pensions
Appeal 1: Tribunal erred in finding no unfavourable treatment but correctly found claimant's opt-out did not arise from disability; section 15 complaint and reasonable adjustment complaint properly dismissed. Appeal 2: Tribunal erred in applying issue estoppel; claim 7 should proceed. Appeal 3: Tribunal wrongly...
Source-derived case information.
- Parties
- Appellant: Mr H Ahmed; Respondent: Department for Work and Pensions
- Jurisdiction
- England and Wales
- Judgment Date
- 26 November 2025
- Procedural Posture
- Employment Appeal / Judgment on Three Appeals
- Outcome
- Appeal 1 dismissed; Appeals 2 and 3 allowed
- Legal Topics
- Disability Discrimination, Reasonable Adjustment, Issue Estoppel, Practice and Procedure, Race Discrimination, Victimisation
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mr H Ahmed
Appellant
Department for Work and Pensions
Respondent
Procedural Posture
Employment Appeal / Judgment on Three Appeals
Legal Issues
- 1 Whether refusal to permit late entry into Employee Deal constituted unfavourable treatment under section 15 Equality Act 2010
- 2 Whether the claimant's opt-out decision in 2016 arose in consequence of his disability
- 3 Whether the respondent failed to comply with the duty of reasonable adjustment
Ratio Decidendi
Appeal 1: Tribunal erred in finding no unfavourable treatment but correctly found claimant's opt-out did not arise from disability; section 15 complaint and reasonable adjustment complaint properly dismissed. Appeal 2: Tribunal erred in applying issue estoppel; claim 7 should proceed. Appeal 3: Tribunal wrongly dismissed claim under rule 47; decision was unfair given claimant's disability and procedural circumstances.
Court Disposition
Appeal 1 dismissed; Appeals 2 and 3 allowed
Orders
- Claim 5 dismissal stands
- Claim 7 reinstated; to be considered by a different judge
Full Case Text
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