In person v Respondent — 2024

At the preliminary hearing on 22 May 2024 before Employment Judge Glennie, the Tribunal decided only whether Miss C Franco was a disabled person within the meaning of section 6 of the Equality Act 2010. It considered mobility issues and anxiety/depression, relying on the medical records, oral evidence, and the Claimant's email of 19 May 2024 as her evidence on the impact of those conditions.

On mobility, the Tribunal found that the November 2021 escalator accident and the October 2022 road traffic accident caused pain and some temporary difficulty, but the medical evidence showed improvement over time. It accepted that there was a substantial adverse effect for some months after the October 2022 accident, but found that it did not last for at least 12 months and that there was no evidence it was likely to recur. It also found that the earlier November 2021 injuries did not produce a substantial and long-term adverse effect.

On anxiety and depression, the Tribunal relied on J v DLA Piper UK LLP to distinguish an underlying mental impairment from discrete reactions to adverse circumstances. It found episodes of stress and low mood in 2021 to 2022 and again in March to May 2023, but held that the evidence showed separate episodes linked to work, housing, and family stressors, with symptoms resolving when the stressful circumstances eased. On that basis, the substantial adverse effect was not long-term and was not likely to recur beyond the 12-month period in Schedule 1 to the Equality Act 2010. The Tribunal therefore held that Miss Franco was not disabled at the material time, and the Equality Act complaints came to an end; the remaining unfair dismissal complaint was listed to be heard later before an Employment Judge alone.