Cases6003725/2024

Claimant v Secretary of State for Justice

29 July 2025Before Employment Judge Mr P CadneyBristolin person

Outcome

Partly successful

Individual claims

Discrimination Arising from Disability (s.15)(disability)failed

Claimant's post-concussion syndrome did not satisfy the long-term requirement of s6 Equality Act 2010. Tribunal concluded on the medical evidence available at the material time (by 8 April 2024) that the impairment was not 'likely' to last twelve months. All medical evidence anticipated recovery within weeks/a few months. Claim dismissed as claimant was not a disabled person.

Failure to Make Reasonable Adjustments(disability)failed

Claim failed because tribunal found claimant was not a disabled person within the meaning of s6 Equality Act 2010 at the material times. Without established disability status, there was no duty to make reasonable adjustments.

Harassment(race)not determined

Claim relates to use of phrase 'language barrier' by manager Mr Kerr on two occasions in March and April 2024. Respondent contends this was shorthand for difficulty raised by claimant herself and not unwanted conduct related to race. This claim will proceed to full hearing for determination.

Indirect Discrimination(race)not determined

Claim relates to alleged PCP of assuming non-native born employees or those whose first language was not English faced a language barrier. Respondent denies applying such a PCP. This claim will proceed to full hearing for determination.

Facts

Claimant, a Hong Kong national, worked as a prison officer at HMP Winchester from May 2023. She suffered a head injury on 3 December 2023 resulting in post-concussion syndrome causing persistent headaches, dizziness, balance issues and inability to work. She was dismissed on 8 April 2024 for medical inefficiency during probation. She alleged her manager Mr Kerr made discriminatory comments about a 'language barrier' in March and April 2024.

Decision

The tribunal dismissed the disability discrimination claims (s15 and s20/21) finding the claimant's post-concussion syndrome was not 'long-term' within s6 EqA 2010 as all medical evidence at the material time predicted recovery within weeks/months. The race discrimination claims (harassment and indirect discrimination) relating to 'language barrier' comments will proceed to full hearing.

Practical note

Medical evidence available at the time of discrimination is crucial for establishing long-term impairment under s6 EqA 2010; tribunals cannot rely on retrospective knowledge of how a condition actually progressed when determining disability status.

Legal authorities cited

Goodwin v Patent Office [1999] ICR 302All Answers Ltd v W [2021] EWCA Civ 606SCA Packaging Ltd v Boyle [2009] UKHL 37Igweike v TSB Bank Plc [2020] IRLR 267Aderimi v London and South Eastern Railway Ltd UKEAT/0316/12, [2013] ICR 591College of Ripon and York St John v Hobbs 2002 IRLR 185J v DLA Piper UK LLP 2010 ICR 1052

Statutes

Equality Act 2010 s.20/21Equality Act 2010 s.19Equality Act 2010 s.15Equality Act 2010 s.6Equality Act 2010 s.212(2)Equality Act 2010 Schedule 1 para 2Equality Act 2010 s.26

Case details

Case number
6003725/2024
Decision date
29 July 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
central government
Represented
Yes
Rep type
barrister

Employment details

Role
prison officer
Service
11 months

Claimant representation

Represented
No