Claimant v Trade Mark Owners Assoc. Ltd
Outcome
Individual claims
The tribunal determined that the claimant was a disabled person at the relevant times due to Post-Covid Syndrome, satisfying section 6 of the Equality Act 2010. This preliminary issue was decided in favour of the claimant, allowing the disability discrimination complaints to proceed to a full merits hearing.
Facts
The claimant Mrs Lowther brought disability discrimination complaints against four respondents: Trade Mark Owners Assoc. Ltd, Paul Hayman, IPOA Ltd, and Ian McGarry. The case involved three consolidated claim numbers. A preliminary hearing was held remotely to determine whether the claimant was a disabled person at the relevant times.
Decision
Employment Judge Hindmarch determined that the claimant was a disabled person within the meaning of section 6 of the Equality Act 2010 because of Post-Covid Syndrome at the relevant times. Consequently, the disability discrimination complaints can proceed to a full hearing on the merits.
Practical note
Post-Covid Syndrome can satisfy the definition of disability under the Equality Act 2010, allowing discrimination claims to proceed where the claimant can demonstrate the condition had substantial and long-term effects on normal day-to-day activities.
Legal authorities cited
Statutes
Case details
- Case number
- 2302390/2021
- Decision date
- 2 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- No
Claimant representation
- Represented
- No