Cases2301021/2025

Claimant v Plumbridge Medical Centre

17 June 2025Before Employment Judge C TaylorLondon Southhybrid

Outcome

Claimant fails

Individual claims

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

The claimant did not meet the definition of a disabled person under section 6 of the Equality Act 2010. The tribunal found that the claimant had a mental health impairment of anxiety and depression from December 2023 to October 2024, but it did not substantially affect her ability to carry out normal day-to-day activities. At the date of the alleged discrimination (October 2024), the impairment had not lasted for 12 months and was not likely to last for over one year, given medical evidence showed the anxiety condition ended in November 2024. No evidence of PTSD for 12 months at the relevant date was found.

Failure to Make Reasonable Adjustments(disability)failed

As a result of the tribunal's finding that the claimant was not a disabled person under section 6 of the Equality Act 2010, the claim for failure to make reasonable adjustments was dismissed. The tribunal also found that the respondent did not have actual or constructive knowledge of any disability at the relevant time (October 2024).

Direct Discrimination(disability)not determined

The claim for direct disability discrimination was referenced in the judgment but not determined at this preliminary hearing, as the tribunal found the claimant did not meet the statutory definition of disability.

Harassment(disability)not determined

The harassment claim was referenced in the judgment but not determined at this preliminary hearing. The tribunal focused solely on the preliminary issue of whether the claimant was a disabled person.

Victimisationnot determined

The victimisation claim was referenced in the judgment but not determined at this preliminary hearing. The tribunal focused solely on the preliminary issue of whether the claimant was a disabled person.

Facts

The claimant was employed as a Practice Manager at a GP surgery from April 2015. She began working full-time in August 2022 after the Assistant Practice Manager resigned. The claimant reported stress and anxiety to her GP from June 2022 onwards and was referred to counselling. Difficult workplace discussions in September 2023 led to the claimant going on long-term sick leave from October 2023. The claimant filed multiple tribunal claims alleging disability discrimination based on anxiety, depression and PTSD. In October 2024, the claimant attempted to return to work with adjustments.

Decision

The tribunal dismissed all disability discrimination claims, finding the claimant did not meet the statutory definition of disability under section 6 of the Equality Act 2010. While the tribunal accepted the claimant had anxiety and depression from December 2023 to October 2024, it found insufficient evidence of substantial adverse effect on day-to-day activities and concluded the impairment had not lasted 12 months at the relevant date (October 2024) and was not likely to continue. The tribunal also found the respondent did not have actual or constructive knowledge of any disability.

Practical note

A preliminary hearing on disability status can be decisive: without establishing the statutory definition of disability (particularly the 12-month duration and substantial adverse effect requirements), all related discrimination claims will fail regardless of their substantive merits.

Legal authorities cited

Leonard v South Derbyshire Chamber of Commerce [2001] IRLR 19McCubbin v Perth & Kinross Council UKEATS/0025/13/BICollege of Ripon and York St John v Hobbs [2002] IRLR 185Ginn v Tesco Stores Ltd UKEAT/0197/05Sussex Partnership NHS Foundation Trust v Norris UKEAT/0031/12

Statutes

Equality Act 2010 Sch.1 para 2Equality Act 2010 s.6Equality Act 2010 Sch.8 para 20Equality Act 2010 s.212Equality Act 2010 Sch.1 para 8Equality Act 2010 Sch.1 para 5

Case details

Case number
2301021/2025
Decision date
17 June 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
lay rep

Employment details

Role
Practice Manager

Claimant representation

Represented
No