Mrs H Morrison v Represented by: Mr D Hay - Counsel Inverclyde Council — 2021

This was a preliminary hearing to decide whether Mrs H Morrison was disabled within section 6 of the Equality Act 2010 by reason of hallux valgus in her right foot. The tribunal accepted that she had the impairment, but the respondent disputed whether it had a substantial and long-term adverse effect on normal day-to-day activities.

The tribunal accepted that the claimant had some difficulty with walking, stairs, standing, driving and post-operative mobility, and it accepted that there was a period after her right foot surgery on 3 April 2018 when her mobility was substantially restricted. It also accepted that hallux valgus had affected her left foot previously, but found that the evidence about the pre-surgery period for the right foot was too general to identify when any substantial adverse effect began. The tribunal considered that the claimant's position was complicated by other foot conditions, including hammer toes, pes planus and arthritis, and it was not satisfied that the pain, swelling and limitations relied upon were attributable solely to the pleaded impairment.

The tribunal preferred the evidence of Mr Craig and Mr Coyle about the claimant's duties at school and their observations of her working practice, and it gave limited weight to Dr Reed's opinion because it depended heavily on the claimant's history and an estimated onset date that he accepted was guesswork. It accepted that Dr Moir considered there was a substantial post-operative effect for around 5 to 6 months, but found that any such substantial effect was not long term. Applying section 6 Equality Act 2010, Schedule 1 on long-term effects, and the Guidance on substantial adverse effect and normal day-to-day activities, the tribunal held that the claimant had not established disability status. The judgment recorded that the other elements of the case should proceed to final hearing.