Mrs M James v GEO Amey Pecs Ltd — 2021

This hearing was confined to a preliminary issue under s.6 Equality Act 2010: whether Mrs M James was a disabled person at the material times. The tribunal recorded that she had been injured at work on 6 and 13 July 2019, suffering a shoulder injury, and that she was absent from work thereafter. It also noted two Occupational Health reports dated 29 October 2019 and 5 February 2020, with the later report confirming ongoing shoulder, arm, leg and back pain, reduced grip, pins and needles, and inability to lift her arm above shoulder height.

The tribunal accepted the claimant’s evidence that the condition continued beyond 12 months and affected normal day-to-day activities. It found adverse effects on sleeping, mowing the lawn, washing dishes, bathing, carrying objects, driving, and engaging in ordinary activities with her grandchildren. It also accepted that the impact was substantial, describing it as more than trivial and affecting personal hygiene, sleep and simple domestic tasks.

On that basis, the tribunal held that Mrs M James met the definition of disability under s.6 Equality Act 2010. The judgment did not determine any separate discrimination complaint or award any remedy, and it was expressly limited to the disability-status question.