Miss C Faux v Hounslow Borough Council — 2020

Miss Faux brought age discrimination, race discrimination, disability discrimination and wages/breach of contract claims, but this reserved judgment determined the disability issue and recorded the withdrawal of the age discrimination claims during case management. The tribunal also made case management orders for the case to proceed to the full hearing on the remaining issues.

On the evidence, the tribunal accepted that Miss Faux had an exaggerated curve of the spine and related back pain. It considered her account, the fitness-for-work notes, and Dr Obi's occupational health report, which referred to back pain, advice about lumbar support, regular breaks, avoiding heavy lifting and a manual handling risk assessment.

Applying section 6 Equality Act 2010, section 212(1) and Schedule 1 paragraph 2(1), the tribunal held that the condition was a physical impairment but that its effects were not substantial. It found that carrying around 10 kg without assistance was borderline but not substantial, that needing to stand after about 45 minutes of sitting was not substantial, that the evidence on stairs did not show more than minimal impact, and that needing breaks from driving every 45 minutes was not a substantial adverse effect.

The tribunal concluded that Miss Faux was not a disabled person within the meaning of the Equality Act 2010 by reference to the impairment associated with the natural curve of her back. Her disability discrimination claims were therefore dismissed, and no monetary remedy was awarded in this judgment.