Mrs Gillian Quinn v Sense Scotland — 2022

This was a preliminary hearing to decide whether Mrs Gillian Quinn was disabled within section 6 of the Equality Act 2010 at the relevant time, agreed by the parties to be her dismissal on 27 July 2021. The claimant said she relied on Long Covid, and the tribunal treated the impairment relied upon as including Covid lasting longer than normal. The tribunal set out the section 6 test and the relevant guidance on impairment, substantial adverse effect and long-term effect, and referred to J v DLA Piper UK LLP, SCA Packaging Ltd v Boyle, Cruickshank v VAW Motorcast Ltd and McDougall v Richmond Adult Community College.

The tribunal found that at the time of dismissal the claimant was suffering from Covid and had symptoms including fatigue, breathlessness, aches, pain and discomfort, headaches and brain fog. It accepted that these symptoms adversely affected normal day-to-day activities: she struggled with shopping and driving and no longer socialised or exercised. Those effects were more than minor or trivial, so the tribunal found that the effect on her day-to-day activities was substantial.

The claim failed on the long-term element. The tribunal held that, at the relevant time, only about 2.5 weeks had passed since the claimant contracted Covid and she did not yet have Long Covid. Although it was possible that she could go on to develop Long Covid, the tribunal found that the risk could not be said to have been likely in the sense required by the Equality Act, because the substantial majority of people who contract Covid do not develop Long Covid. The tribunal therefore concluded that the claimant was not disabled at the relevant time and dismissed the complaint of disability discrimination.