Claimant v Encompass Care Organisation UK
Outcome
Individual claims
The tribunal found at a preliminary hearing that the claimant was not disabled at the relevant time due to the impairment of Long-Covid. Without establishing disability status, the claim could not succeed.
The claimant withdrew this claim and it was dismissed upon withdrawal by the tribunal.
Facts
The claimant brought disability discrimination claims against a care organisation, asserting that she was disabled due to Long-Covid. The case proceeded to a preliminary hearing to determine whether the claimant met the statutory definition of disability. The claimant was represented by her partner as a lay representative, while the respondent was represented by counsel.
Decision
The tribunal found at a preliminary hearing that the claimant was not disabled at the relevant time due to Long-Covid. The main disability discrimination claim therefore failed. The claimant also withdrew her claim of discrimination arising from disability, which was dismissed upon withdrawal.
Practical note
Even with Long-Covid as an impairment, claimants must still prove they meet the statutory definition of disability under the Equality Act 2010, particularly demonstrating a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.
Legal authorities cited
Statutes
Case details
- Case number
- 1401930/2024
- Decision date
- 8 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep