Claimant v South London and Maudsley NHS Foundation Trust
Outcome
Individual claims
This claim will proceed to a Final Hearing on 26th and 27th August 2025. The tribunal has not yet determined the merits of the unfair dismissal complaint.
The tribunal found that the Claimant did not meet the statutory test for disability at any relevant time. The Claimant failed to prove that her right shoulder pain had a substantial and long-term adverse effect on normal day-to-day activities during the relevant period (13 September 2022 to 18 June 2023). Medical evidence did not corroborate the Claimant's assertions about impact on daily activities such as driving, cooking, shopping and bathing. The claim was struck out as having no reasonable prospects of success under Rule 38(1)(a).
The tribunal found that the Claimant did not meet the statutory test for disability at any relevant time. Because the Claimant was not disabled within the meaning of the Equality Act 2010, she could not pursue a claim for failure to make reasonable adjustments. The claim was struck out as having no reasonable prospects of success under Rule 38(1)(a).
Facts
The Claimant was employed as a healthcare assistant by an NHS Mental Health Trust from December 2000 until her dismissal on capability grounds on 18 June 2023. She claimed to be disabled due to chronic right shoulder pain, first reported in February 2014 following a road traffic incident. She had surgery in late 2020/early 2021 and was reported as 'significantly better' and 'back to activities such as driving and performing all activities of daily living' by May 2021. She did not return to her GP for shoulder pain between May 2021 and January 2024. The relevant period for assessing disability was 13 September 2022 to 18 June 2023.
Decision
The tribunal found that the Claimant was not disabled within the meaning of the Equality Act 2010 during the relevant period. While she had a right shoulder impairment, the medical evidence did not support her assertion that it had a substantial and long-term adverse effect on normal day-to-day activities. The disability discrimination claims (discrimination arising from disability and failure to make reasonable adjustments) were struck out as having no reasonable prospects of success. The unfair dismissal claim will proceed to a Final Hearing.
Practical note
Claimants must provide credible medical evidence to substantiate disability claims; self-reported difficulties in a disability impact statement will not suffice where medical records contradict or fail to support the alleged substantial and long-term adverse effects on day-to-day activities.
Legal authorities cited
Statutes
Case details
- Case number
- 2306571/2023
- Decision date
- 22 September 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- health care assistant
- Service
- 23 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep