Cases3311778/2023

Claimant v Countrywide Surveyors Limited

6 July 2025Before Employment Judge R Evansremote video

Outcome

Other

Individual claims

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

This preliminary hearing determined only that the claimant met the definition of a disabled person under s.6 Equality Act 2010 in relation to five impairments (chronic fatigue syndrome, sleep disorder, damage to lower discs in back, renal tubular acidosis, and stroke). The substantive discrimination claims have not yet been heard.

Facts

The claimant worked as a surveyor for the respondent on a part-time basis from April 2021 to May 2023. She suffered from five conditions: chronic fatigue syndrome (since 1991), sleep disorder (since before age 18), damage to lower discs in back (from November 2014), renal tubular acidosis (from June 2015), and effects from a stroke (October 2015). These conditions caused substantial effects including fatigue requiring early bedtimes, memory issues, pain limiting mobility and lifting, and other symptoms affecting daily activities. She took various medications throughout her employment and worked every other day to manage her fatigue.

Decision

The tribunal found that the claimant met the legal definition of a disabled person under s.6 Equality Act 2010 at the material time. All five impairments had substantial and long-term adverse effects on her ability to carry out normal day-to-day activities including socialising, shopping, cooking, conversing, lifting, driving and walking. The effects were substantial even with medication and had lasted well over 12 months before and throughout the relevant period.

Practical note

Even where an employee is managing to attend work, this does not necessarily mean the adverse effects of their impairments are not substantial; tribunals must consider the cumulative impact of conditions and how medication and coping strategies demonstrate rather than diminish substantiality.

Legal authorities cited

Goodwin v Patent Office [1999] ICR 302Metroline Travel Ltd v Stout EAT 0302/14Tretis v DHL Services Ltd 3312509/2021Boyle v SCA Packaging Ltd [2009] ICR 1056Sullivan v Bury Street Capital Ltd [2022] IRLR 159

Statutes

Equality Act 2010 Schedule 1Equality Act 2010 s.6Equality Act 2010 Schedule 1 paragraph 5(1)Equality Act 2010 Schedule 1 paragraph 2Equality Act 2010 s.212(1)

Case details

Case number
3311778/2023
Decision date
6 July 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
professional services
Represented
Yes
Rep type
barrister

Employment details

Role
surveyor
Service
2 years

Claimant representation

Represented
No