Case 3314130/2021 · Employment Tribunal
Miss K Adams v Elizabeth Abbots T/A Ladybirds Travel — 2022
- Case reference
- 3314130/2021
- Decision date
- 4 November 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge M Warren Representation
Parties
2 namedClaimant
Miss K Adams
Respondent
Key findings
Tribunal's reasoningThis was an open preliminary hearing before Employment Judge M Warren on 2 September 2022. Miss Adams brought complaints of disability discrimination and unfair dismissal against Elizabeth Abbots T/A Ladybirds Travel. The preliminary issue was whether she was a disabled person for the purposes of the Equality Act 2010 at the date of the alleged discrimination, which she identified as her dismissal on 5 May 2021.
The tribunal accepted that the impairment relied on was sciatica. Miss Adams said her symptoms began in February 2021, with pain in her hip, and medical records showed a first GP consultation on 1 March 2021 when a trapped nerve was suspected and painkillers were prescribed. The tribunal also referred to later medical evidence, including an entry on 20 August 2021 and a letter dated 11 October 2021, but found that the symptoms had started only in February or March 2021.
Applying section 6 of the Equality Act 2010 and the Schedule 1 long-term requirement, the tribunal concluded that the impairment had not lasted for 12 months by 5 May 2021. It also found there was no evidence that, as at that date, the symptoms were likely to last for at least 12 months or to recur. On that basis, Miss Adams was not a disabled person at the relevant time and her disability discrimination claim was dismissed.
The tribunal recorded that the unfair dismissal claim was unaffected by this ruling and would continue separately. It was listed for a one-day hearing before an Employment Judge sitting alone at Cambridge on 8 March 2023.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | At the open preliminary hearing, the tribunal found that Miss Adams was not a disabled person within the meaning of the Equality Act 2010 at the relevant date of 5 May 2021, so her disability discrimination complaint was dismissed. | Dismissed | Disability | — |
Legal tests applied
3 references- s.6 Equality Act 2010
- Paragraph 2 Schedule 1 Equality Act 2010
- burden on claimant to prove disability
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.