Mrs B McNaught v Croner Group Limited Heard: Remotely via CVP — 2019

This reserved judgment determined a preliminary issue in Mrs McNaught's disability discrimination proceedings. By consent, her epilepsy and spinal problems were accepted as disabilities under section 6 of the Equality Act 2010. The respondent continued to dispute whether psoriasis, diverticulitis and stress met the statutory definition, and the tribunal considered the issues by reference to impairment, substantial adverse effect and long-term effect.

The tribunal found that diverticulitis was a permanent, lifelong condition with intermittent flare-ups causing abdominal pain, cramps, bloating, irregular bowel movements, lethargy, and the need to remain close to toilet facilities. It held that these flare-ups substantially affected normal day-to-day activities such as shopping, socialising and travelling, and that the long-term test was satisfied. It reached the same conclusion on psoriasis, which it found to be a permanent physical impairment with intermittent flare-ups affecting walking, stairs, driving, housework and manual dexterity.

On the mental health evidence, the tribunal found an underlying mental impairment within the claimant's presentation of stress, anxiety and depression. It accepted that the impairment affected sleep, socialising, leaving the house, memory and emotional composure, and held that the effects were more than minor or trivial and likely to recur. The tribunal concluded that Mrs McNaught was disabled at all material times by virtue of all the impairments she relied on. During the hearing, she withdrew two indirect sex discrimination claims, which the tribunal recorded would be dismissed. No monetary award was made in this decision.