Case 6010498/2025 · Employment Tribunal
Mrs. C.C.A. FUNG v NTN bearings (UK) Ltd — 2026
- Case reference
- 6010498/2025
- Decision date
- 4 June 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Noons
Parties
2 namedClaimant
Mrs. C.C.A. FUNG
Respondent
Key findings
Tribunal's reasoningThis was a preliminary hearing on whether Mrs C.C.A. Fung was disabled within the meaning of section 6 of the Equality Act 2010 during the material period from 1 February 2025 to 28 April 2025. The substantive claims described in the background were direct disability discrimination, indirect discrimination, discrimination arising from disability, victimisation and unlawful deduction from wages, but those claims were not decided in this judgment.
The tribunal found that the claimant had a physical impairment of glaucoma or visual impairment at the material time. It accepted that from late 2023 she had blurred vision in her right eye and eye pain, that by February 2025 she had daily blurred vision, eye pain, light sensitivity and visual fatigue, and that these symptoms affected prolonged screen use, reading standard-sized text despite glasses, and night driving. The tribunal found that keratitis and uveitis were temporary eye conditions and disregarded symptoms associated with those conditions when assessing disability.
The tribunal also found that the claimant had anxiety and depression. It accepted that she had experienced anxiety and depression from April 2024, had CBT treatment, and had a recurrence from September 2024 which continued through the material time. The symptoms found included disturbed sleep, tearfulness, panic attacks, loss of appetite and some vomiting and upset stomach, affecting socialising and day-to-day chores including food shopping and meal preparation.
Applying section 6 Equality Act 2010 and the statutory approach to substantial and long-term adverse effects, the tribunal found that each impairment affected normal day-to-day activities and that the effects were more than minor or trivial. It found the visual impairment had lasted at least 12 months or was likely to do so, and that the mental health impairment was a fluctuating condition likely to last at least 12 months. The tribunal therefore held that the claimant was disabled at the relevant time by virtue of both her eye condition and anxiety/depression. No remedy was awarded or assessed in this judgment.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Preliminary issue only: the tribunal determined that the claimant was disabled within the meaning of section 6 Equality Act 2010 at the material time. The substantive claims identified in the background, including disability discrimination, victimisation and unlawful deduction from wages, were not adjudicated in this judgment. | Upheld | — | — |
Legal tests applied
17 references- section 6 Equality Act 2010
- Goodwin questions
- Goodwin v Patent Office [1999] ICR 302
- McDougell v Richmond Adult Community College [2008] ICR 431
- Aderemi v London and Southeastern Railway Ltd [2013] ICR 591
- Elliott v Dorset County Council [2021] IRLR 880
- Paterson v Commissioner of Police of the Metropolis [2007] ICR 1522
- paragraph 2(2) of Schedule 1 Equality Act 2010
- Chief Constable of Dumfries and Galloway Constabulary v Adams [2009] IRLR 612
- Ginn v Tesco Stores Ltd UKEAT/0197/05
- Herry v Dudley Metropolitan Borough Council
- Tesco Stores Ltd v Tennant UKEAT/01617/19
- Morris v Lauren Richards Ltd [2023] EAT 19
- SCA Packaging Ltd v Boyle [2009] UKHL 37
- Secombe v Reed Ltd EAT/2019/000478
- paragraph 5(1) of Schedule 1 Equality Act 2010
- Fathers v Pets at Home Ltd UKEAT/0424/13
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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