Ms C McGinlay v Represented by:10 Mr Lawson - Solicitor Procast Building Contractors Limited — 2023

At the preliminary hearing on 5 September 2023, Employment Judge D Hoey considered whether Ms C McGinlay was a disabled person within section 6 of the Equality Act 2010. The respondent had already conceded that it was just and equitable for the discrimination claims to proceed, so the remaining issue was disability status.

The tribunal accepted the claimant's evidence that she had long-standing mental impairments, described as stress, anxiety and depression, and a physical impairment, being back pain. It found that both impairments had lasted for more than 12 months and had substantial adverse effects on normal day-to-day activities, including sleep, socialising, use of public transport, interaction with her child, household tasks, sitting and standing, driving and shopping. The tribunal rejected the respondent's case that she had exaggerated her symptoms or that the effects were only minor or trivial.

Applying section 6 of the Equality Act 2010, Schedule 1 paragraphs 2 and 5, and the guidance referred to in Goodwin v Patent Office, the tribunal held that the claimant satisfied the statutory definition of disability at the material times. It therefore concluded that the disability discrimination claims could proceed. No merits decision was made on the pleaded discrimination claims and no remedy was awarded at this stage.