Mrs N White v Nurse Plus & Carer Plus (UK ) Ltd — 2020

This was a preliminary hearing heard by CVP on 6 July 2020 before Employment Judge P Cadney. The issue for determination was whether Mrs N White was a disabled person within the meaning of s6 Equality Act 2010. The judgment records that the case had been listed to determine that question and, separately, to clarify issues and give further directions.

The tribunal accepted that the claimant had a physical impairment arising from a back condition. The medical evidence referred to an MRI scan on 30 August 2019 showing a calcified disc extrusion abutting and displacing the spinal cord, with bulging disc impingement on the T9 and T10 spinal nerves, and symptoms of radiating radicular pain on the right side of the chest wall. It also noted a CT-guided nerve root block on 29 January 2020, which gave only temporary relief, after which the pain returned, although it remained better than before.

On substantial adverse effect, the tribunal accepted the claimant's evidence in her impact statement that she needed assistance to dress and to wash and brush her hair, could not stand for long periods, found cooking and household chores difficult, found shopping difficult, and had disrupted sleep. It held that these effects amounted to a substantial effect on normal day-to-day activities, including before considering any deduced effect.

On long-term effect, the tribunal concluded that, judged at the relevant time and after the MRI findings, there was no indication of spontaneous resolution of the underlying condition. It found it impossible to say that there was any prospect other than that the effects were likely to last longer than twelve months. The tribunal therefore held that Mrs N White satisfied each element of the statutory test and was disabled at all material times. No monetary remedy was determined in this judgment.