Case 4107272/2020 · Employment Tribunal
Ms. Julia Methven v Represented by: I Moretti Solicitor Mount Florida Medical Centre — 2021
- Case reference
- 4107272/2020
- Decision date
- 6 July 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge R McPherson
Parties
2 namedClaimant
Ms. Julia Methven
Key findings
Tribunal's reasoningMs Julia Methven presented claims alleging disability discrimination and unfair dismissal after her employment as a Lead Practice Nurse with the first respondent ended on 17 June 2020. The respondent accepted that she had been dismissed but denied the allegations. This preliminary hearing was listed to decide whether she had a qualifying disability within the meaning of section 6 of the Equality Act 2010. The tribunal heard evidence from the claimant, Dr Mitchell and Ms Love, and considered the claimant's medical records, occupational health reports, the appeal outcome letter and the disability impact statement.
The tribunal found that the claimant had recurrent depression as a mental impairment and that it had at times caused significant effects, including attempted suicide, disturbed sleep and problems with concentration. It accepted that the impairment had been present over a long period and that, although the claimant was not suffering recurrent depression during the relevant January 2020 period, the impairment was likely to recur given the history of recurrence in 2005 and 2010. Applying section 6 and Schedule 1 of the Equality Act 2010, the tribunal held that the claimant was a disabled person at the relevant time. No remedy was determined at this hearing, and a further telephone case management hearing was to be arranged for the remaining procedure.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Preliminary issue only: the tribunal found the claimant was a disabled person under s 6 Equality Act 2010. It did not determine the merits of the unfair dismissal or discrimination claims at this hearing. | Upheld | Disability | — |
Legal tests applied
4 references- s.6 Equality Act 2010
- Schedule 1 Equality Act 2010
- more than minor or trivial
- likely to recur means it could well happen
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.
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