Mrs B Pawlik, Representative For the v Mr A Graham, Solicitor — 2019

At this attended preliminary hearing on 27 November 2019, Employment Judge Britton sitting alone determined the preliminary issue of disability status under section 6 and Schedule 1 of the Equality Act 2010. The claimant relied on a longstanding back injury following a riding accident, associated left leg symptoms, and depression. The tribunal accepted the medical records, specialist reports, occupational health evidence, the claimant’s impact statement, and her oral evidence, and held that the claimant was a disabled person for the purposes of these proceedings.

The judge found that the back and left leg condition had become evident again by January 2016, had continued through 2017 and 2018, and caused more than minor or trivial adverse effects on normal day-to-day activities, including walking, climbing stairs, mobility, and working in physically demanding warehouse roles. The tribunal also found that the depression, treated with antidepressants and counselling, had a substantial and long-term adverse effect, with low mood affecting everyday functioning. Migraine was considered but was not found to amount to a disability on the evidence available.

The judgment does not finally determine any liability claims. Instead, the tribunal noted that the claimant was seeking to pursue or amend claims arising from the later work-assignment changes and directed the parties to exchange further particulars, a schedule of loss, and any response, with a view to possible judicial mediation and a further case management hearing. The tribunal referred to authorities including Goodwin, McNichol, J v DLA Piper, and Richmond Adult Community College in reaching the disability finding.