Ms H C A Leung v The Secretary of State for Justice — 2025

The claimant was employed as a prison officer and suffered a head injury at work on 3 December 2023, leading to post-concussion syndrome and sickness absence. She brought disability discrimination claims alleging discrimination arising from disability in relation to her dismissal and failure to make reasonable adjustments by allowing recovery time, a phased return, or redeployment to non-operational duties.

The respondent accepted that the claimant's post-concussion syndrome had a substantial adverse effect on normal day-to-day activities between 3 December 2023 and 8 April 2024. The issue was whether the effect was long term within the meaning of s6 Equality Act 2010. The tribunal assessed that question as at the date of the alleged discrimination and did not take account of later developments.

The tribunal found that, although the claimant's symptoms had in fact continued for more than 12 months by the hearing date, the evidence available by 8 April 2024 did not support a conclusion that the impairment was likely to last 12 months or more. The medical evidence at the relevant time anticipated recovery within weeks or a few months. The claimant was therefore not a disabled person at the material times, and the disability discrimination claims were dismissed. The separate race discrimination claims in case 6004247/2024 were not determined and were directed to proceed to hearing.