In person For the v Respondent — 2019

Mrs V Moore began work for Law & Property Lawyers Limited t/a Slade Legal as a legal secretary on 16 January 2017. After a road traffic accident on 3 June 2017, she told the respondent on 4 June 2017 that she had head injuries. She was later summarily dismissed on 1 December 2017. Her ET1 recorded claims for discrimination arising from disability under section 15 Equality Act 2010 and unauthorised deduction from wages under section 13 Employment Rights Act 1996.

At the preliminary hearing on 4 April 2019, Employment Judge Bloch QC considered whether the claimant was disabled for Equality Act purposes, whether the claims should be struck out, and whether a deposit order should be made. The tribunal accepted that the claimant had long-standing depression, treated by her GP with anti-depressants, and applied section 6 Equality Act 2010 together with Schedule 1 paragraph 5. On that basis, it found that the claimant was disabled by reason of depression because, without medication, the evidence showed substantial adverse effects on normal day-to-day activities.

The tribunal did not make a finding that the claimant was disabled by reason of moderate traumatic brain injury or any post-concussion syndrome. It considered the medical evidence on that issue speculative, noted the absence of a medico-legal report, and said it would not be just at the preliminary stage to draw inferences against the respondent, particularly given the claimant's earlier history of cognitive difficulties and the work pressures described. The issue was left for the full merits hearing if the case proceeded.

The tribunal refused to strike out the claims, finding no basis to conclude that any claim had no reasonable prospect of success. It also refused a deposit order, saying it could not at that stage conclude that any claim had little reasonable prospect of success and taking account of the claimant's financial position. Further case management directions were then given.