The Claimant was dismissed from her employment with the Respondent, and claimed unfair and wrongful dismissal and disability discrimination. The Claimant was disabled, in that she suffered from a binge eating disorder, and a Preliminary Hearing was arranged to decide whether she was also disabled by reason of depression, anxiety or agoraphobia. The Claimant applied for the Preliminary Hearing to be adjourned, but the ET refused the adjournment, so the Claimant appealed.

The EAT held that the ET was entitled to agree with the Respondent's submission that the medical evidence did not support the Claimant's claim that she was disabled on the grounds of depression, anxiety or agoraphobia.