Miss M Morris v Natural Resources Wales — 2023

The tribunal dealt with Miss Morris's disability status as a preliminary issue under section 6 of the Equality Act 2010. It had already allowed amendment and time-limit issues in the claimant's favour, but reserved judgment on whether she was disabled after hearing her evidence, considering GP records, fit notes and an occupational health report.

Miss Morris relied on ME/chronic fatigue syndrome, an undiagnosed head and ear condition, Covid-19 and stress/PTSD-type symptoms. The tribunal accepted that she had had several impairments and that their effects on day-to-day activities were substantial, including fatigue, concentration problems, sound sensitivity, difficulty with domestic tasks, and difficulty attending meetings and carrying out work-related tasks.

The tribunal found that the long-term limb was not established on the evidence available at the material times. It held that the after-effects of Covid, ME and the head and ear condition were not shown to be likely to last for at least 12 months, and that the ongoing impact after the 20 September 2022 meeting was instead a stress condition described in the judgment as acute stress reaction, or possibly PTSD. The November 2022 occupational health report described acute stress reaction triggered by perceived workplace issues, did not identify underlying disability issues, and did not foresee significant future impact once those issues were resolved.

Applying the Goodwin four-question approach and the authorities on long-term effect, including SCA Packaging v Boyle and the rule that the assessment is made by reference to the position at the relevant time, the tribunal concluded that it could not say the claimant's condition would have been likely to substantially affect her day-to-day activities for 12 months. It therefore held that Miss Morris was not disabled within section 6, and all claims dependent on disability were dismissed.