Ms H Walton v B&Q Limited and 1 other — 2020

The preliminary hearing determined whether the claimant was a disabled person for the purposes of s.6 Equality Act 2010. The claimant relied on a physical impairment arising from a shattered talus bone, with 13 April 2019 identified as the material date for assessing disability.

The tribunal found that the claimant had suffered a significant injury in July 2016 and had been severely incapacitated for a time, but held that the evidence did not establish disability at the material date. The tribunal considered the medical evidence and impact statement inadequate, noting that the medical report was based on an earlier consultation and did not provide meaningful evidence about the claimant's condition at the relevant time.

Applying the s.6 test and the Goodwin questions, the tribunal was not satisfied that the claimant had a relevant impairment at the material time, or that any impairment had a substantial adverse effect on normal day-to-day activities. It also found insufficient evidence that any adverse effect was long term. Because both pleaded claims depended on the claimant being disabled, the claims were dismissed and the listed full merits hearing was to be vacated.