Ms K Heatherington v v CB Ventures Ltd — 2021

This was a preliminary hearing to decide whether the Claimant's right shoulder injury amounted to a disability under section 6 Equality Act 2010 during the relevant period, 9 March 2020 to 15 June 2020. The Respondent had already conceded that the Claimant was disabled by reason of asthma. Employment Judge Sharma, sitting alone, found that the shoulder injury was also a disability at the relevant times.

The tribunal accepted that the Claimant fell at work on 9 March 2020 and was diagnosed on 11 March 2020 with an undisplaced right shoulder greater tuberosity fracture. It found that the fracture was a physical impairment. It also accepted the Claimant's evidence about the effects of the injury, including difficulty washing her hair, bathing, dressing, shopping alone, hoovering, ironing, cooking, carrying shopping, bowling, holding her iPad, and driving in the usual way.

On the legal tests in section 6 and Schedule 1 Equality Act 2010, and applying the four questions in Goodwin v Patent Office, the tribunal held that the adverse effect on normal day-to-day activities was substantial and long-term. It relied on the cumulative effect of the restrictions, the need to do activities differently, the medical notes, and the guidance on treatment and recurrence. The judge found that physiotherapy and exercises did not prevent the condition being treated as long term, because the effects had already lasted at least 12 months and would likely recur if treatment stopped.

The tribunal noted that the Claimant had not regularly contacted her GP about the shoulder after August 2020 and had only seen a doctor shortly before the hearing, but said that this did not alter the conclusion. The reserved judgment therefore determined that the Claimant's shoulder injury satisfied the statutory definition of disability at the relevant times.