Ms L Graham v Surrey County Council — 2023

This judgment determined a preliminary issue: whether the claimant was disabled within section 6 of the Equality Act 2010 at the relevant times for her disability discrimination claims. The tribunal held that she was disabled by reason of keratoconus from 27 October 2021 onwards, and by reason of depression and generalised anxiety disorder from 18 February 2022 onwards.

In relation to keratoconus, the tribunal found that the condition had a substantial adverse effect on normal day-to-day activities, particularly night driving and supermarket shopping. It accepted the claimant’s evidence that glare caused significant difficulty and that hard contact lenses would not remove that problem, so the effect remained more than minor or trivial.

In relation to depression and generalised anxiety disorder, the tribunal accepted the claimant’s evidence about the severity of her symptoms from 18 February 2022, including suicidal feelings and extremely high anxiety. It concluded that the impact was substantial and that, by that date, it was likely to last for at least 12 months. The tribunal therefore ruled that the claimant met the statutory definition of disability in the periods identified, and that her claims, including disability discrimination, should proceed to a full hearing.