Cases→8000659/2025

Claimant v North Lanarkshire Properties LLP

18 July 2025Before Employment Judge E MannionScotlandremote video

Outcome

Other

Individual claims

Discrimination Arising from Disability (s.15)(disability)not determined

This preliminary hearing determined only that the claimant was a disabled person under the Equality Act 2010 from 12 August 2024 onwards due to COPD. The substantive discrimination claim has not yet been heard and will proceed to a full merits hearing.

Unlawful Deduction from Wagesnot determined

This claim for non-payment of wages was mentioned as part of the overall claim but was not determined at this preliminary hearing. It will be heard at a future full merits hearing.

Facts

The claimant was diagnosed with COPD on 16 December 2024 after suffering chest infections and coughing from August 2024. He suffered a seizure/blackout at work on 12 September 2024 while coughing. His primary symptoms were breathlessness, light-headedness and coughing affecting his ability to climb stairs, dress himself (particularly socks, shoes, trousers), lift items, and shop. He required daily steroid inhalers (Trimbo and Ventolin), monthly COPD nurse appointments, and a rescue pack. His employment ended on 13 February 2025.

Decision

The tribunal determined at a preliminary hearing that the claimant was a disabled person under the Equality Act 2010 from 12 August 2024. The tribunal found he had a physical impairment (COPD), which had a substantial adverse effect on his normal day-to-day activities (inability to climb stairs, difficulty dressing, inability to lift items), and this was likely to be long-term given COPD is a progressive life-long condition.

Practical note

Medical evidence is helpful but not essential to establish disability status; tribunals can rely on claimant's own evidence of symptoms and effects on day-to-day activities, particularly where a progressive degenerative condition like COPD has been diagnosed.

Legal authorities cited

Veitch v Red Sky Group 2010 NICA 39Aderemi v London and South Eastern Railway Ltd [2013] ICR 591Igweike v TSB Bank plc 2020 IRLR 267Goodwin v Patent Office 1999 ICR 302

Statutes

Equality Act 2010 Schedule 1 para 2(1)Equality Act 2010 s.6Equality Act 2010 s.212(1)

Case details

Case number
8000659/2025
Decision date
18 July 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Name
North Lanarkshire Properties LLP
Sector
real estate
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
No
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