Mrs J Cuthew v London Borough of Hounslow — 2019

At this preliminary hearing the tribunal considered whether the Claimant was disabled within the meaning of section 6(1) Equality Act 2010 by reason of a fractured back, osteoporosis, Type II diabetes, anxiety and panic attacks, and irritable bowel syndrome, either individually or collectively. The tribunal found that the Claimant was disabled by reason of Type II diabetes, but not by reason of the other conditions relied on.

The tribunal found that the anxiety and panic attacks were connected to particular workplace events and the medical evidence did not show that they continued beyond November 2016 or were expected to last at least a year. It found that the back fracture was not expected at the material time to last at least a year, that osteoporosis had not been diagnosed, and that IBS had not been formally diagnosed and did not amount to a disability in law on the evidence before it.

The Respondent had sought strike out or, alternatively, deposit orders in respect of two disability discrimination complaints identified in an earlier record of issues. After the tribunal discussed the apparent difficulty in linking those matters to disability, the Claimant withdrew those elements of the complaint, and they were dismissed on withdrawal. The tribunal did not determine the remaining unfair dismissal and disability discrimination complaints, which were left for further case management.