Mrs S Rowe For the First v Respondent — 2019

The claim form alleged disability discrimination arising from a refusal to vary the claimant's hours and the non-renewal of her fixed-term contract. The hearing was a preliminary issue to decide whether she was disabled within the meaning of s.6 Equality Act 2010. The respondents accepted that she had a physical impairment but disputed whether it had a substantial and long-term adverse effect on day-to-day activities.

The tribunal accepted the claimant's evidence about her arrhythmia and its effects. It found that her adverse effects began in August 2016 and became progressively more serious, particularly from January/February 2017. The findings included episodes of racing heart, breathlessness, blue lips, the need to use techniques to restore sinus rhythm, difficulty with stairs and bending, poor concentration, tiredness, and the impact of the attack at work on 28 November 2017, after which she was told she had supraventricular tachycardia and later underwent urgent cardiac ablation.

Applying s.6 and Schedule 1 of the Equality Act 2010, together with the guidance it reviewed, the tribunal rejected the respondents' case that there had been no substantial adverse effect before 27 November 2017. It found that the claimant had suffered substantial adverse effects for at least twelve months before the alleged acts, and that as at 7 December 2017 it was also likely that the effects would last for twelve months. The tribunal preferred the claimant's direct evidence over the documentary challenge and found the medical correspondence largely consistent with her account.

The tribunal's conclusion was that the claimant was disabled within the meaning of the Equality Act 2010 at all material times. She was therefore entitled to proceed with her substantive claim, which was listed for a later hearing in November 2019. No decision on liability for the alleged discriminatory acts, and no remedy award, was made in this judgment.