Nicola Hill v Derby City Council — 2022

This was a preliminary hearing concerning claims of unfair dismissal and disability discrimination. The claimant had been employed as a Family Visitor and was summarily dismissed for gross misconduct after allegations that she accessed confidential files relating to an extended family member. The unfair dismissal claim was not determined and was listed for a final hearing.

The Tribunal considered whether the claimant had established disability for the purposes of section 6 Equality Act 2010. The claimant relied on PTSD, general mental health issues and depression, but had not provided medical evidence and had provided only limited information about the effect on normal day-to-day activities.

The Tribunal found that the claimant had not shown that, at the relevant time, her mental health conditions had a substantial and long-term adverse effect on normal day-to-day activities. It dismissed the disability discrimination claim. The Tribunal also stated that, even if disability had been established, it would have struck out the discrimination claim because of non-compliance with Tribunal orders, lack of active pursuit, unreasonable conduct of the proceedings, and no reasonable prospect of success.