Ms Karen McKeen v Represented by: Mr C Gavin - Lay Representative GEO Amey Limited and 1 other — 2026

The Tribunal determined a discrete preliminary issue: whether the claimant was a disabled person within the meaning of section 6 of the Equality Act 2010 between November 2020 and January 2025. The claimant relied on Post Sepsis Syndrome and Functional Cognitive Disorder as impairments, and the respondents disputed that those impairments had a substantial and long-term adverse effect on normal day-to-day activities.

The Tribunal accepted the claimant's evidence that, following sepsis after childbirth, she experienced impaired memory, concentration, confusion, fatigue, muscle pain and fluctuating effects on daily activities. It found that the effects were more than minor or trivial, had lasted from November 2020 to the date of the hearing, and were long-term.

The Tribunal concluded, on the balance of probability, that the claimant was disabled under section 6 of the Equality Act 2010 at the material times for the purposes of her disability discrimination complaints. The judgment did not determine the substantive discrimination, maternity discrimination, whistleblowing or unfair dismissal complaints, and no remedy was awarded.