Mr K Moore v Tesco Stores Ltd — 2018

The hearing was an open preliminary hearing to decide whether the claimant was disabled at the relevant time and whether the claim, or any allegation within it, was out of time. The claimant alleged disability discrimination, including direct discrimination, harassment and victimisation, relying on non-freezing cold weather injury as the impairment.

The Tribunal accepted that the claimant had a physical impairment in the form of non-freezing cold weather injury at the material time. It found that the impairment affected ordinary activities involving mobility and dexterity in cold conditions, and that the adverse effects were substantial and long-term. The Tribunal therefore found that the claimant was disabled for the purposes of section 6 of the Equality Act 2010.

On time limits, the Tribunal found that the last alleged act on 2 September 2017 was in time after taking account of early conciliation. It also found that the earlier allegations were linked by a thread running back to the 16 January 2016 incident and the subsequent grievance, and that the respondent's handling of matters thereafter was capable of being viewed as a continuing state of affairs. The claim was therefore within the Tribunal's jurisdiction.