Miss M Muscroft v Cobra Traffic Management PRELIMINARY HEARING — 2023

At a preliminary hearing on 17 August 2023 before Employment Judge Brain, the tribunal recorded that it was following a judgment on the question of disability for the purposes of section 6 of the Equality Act 2010 and amended the list of issues in the case management order dated 3 May 2022. The amended issues narrowed the disability-related questions to whether the claimant arranging to meet her GP on three occasions in October 2022 to discuss her anxiety arose in consequence of her disability, and whether the relevant PCPs put her at a substantial disadvantage compared with someone without her disability.

The order specified the substantial disadvantage issues as whether the claimant was more likely to take sick leave and then require a phased return, and whether she struggled to complete her full workload because her disability left her less productive than staff without her disability. It also required the claimant, by 25 August 2023, to confirm whether her complaint of discrimination arising from disability under section 15 of the Equality Act 2010 was pursued or withdrawn. No liability decision or remedy was recorded in this extract. The order also set out the consequences of non-compliance, including a possible fine of up to £1,000 and the possibility of strike out.