Cases6008788/2024

Claimant v University of Oxford

10 March 2025Before Employment Judge Milner-MooreReadingin person

Outcome

Other

Individual claims

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

This was a preliminary hearing to determine whether the claimant was a disabled person. The tribunal found she was disabled from 17 January 2023 (back condition) and 10 January 2024 (anxiety). The substantive discrimination claims will be heard at the full merits hearing listed for July 2026.

Failure to Make Reasonable Adjustments(disability)not determined

The tribunal did not determine this claim at the preliminary hearing, only establishing disability status. The claim will proceed to a full merits hearing in July 2026 following mediation in April 2025.

Facts

The claimant worked as a Media Manager for the University of Oxford from February 2020 to May 2024. She developed back pain from 2021 which worsened from June 2022, eventually diagnosed as mild lumbar spondylosis and facet joint arthritis. She also developed anxiety symptoms from December 2022, experiencing three periods of sickness absence related to workplace disputes over flexible working arrangements and management issues. She was signed off for the final time in January 2024 until her employment ended in May 2024.

Decision

The tribunal found the claimant was a disabled person under the Equality Act 2010 from 17 January 2023 due to her back condition, and from 10 January 2024 due to anxiety disorder. The tribunal applied the statutory test carefully, finding substantial adverse effects on normal day-to-day activities that were long-term or likely to be long-term from those respective dates. The full merits hearing of her discrimination claims will proceed in July 2026.

Practical note

Disability status can arise at different times for different impairments, and tribunals must carefully assess when substantial adverse effects become 'likely' to be long-term based on facts known at the material time, not with hindsight.

Legal authorities cited

Goodwin v Patent Office [1999] ICR 302J v DLA Piper UKEAT/0263/09Walker v Sita Information Networking Computing Ltd UKEAT/0097/12Herry v Dudley Metropolitan Council [2017] ICR 620McDougall v Richmond Adult Community College [2008] IRLR 227Paterson v Met Police Commissioner

Statutes

Equality Act 2010 s.6Equality Act 2010 s.212(1)Equality Act 2010 Sch.1

Case details

Case number
6008788/2024
Decision date
10 March 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
Represented
Yes
Rep type
barrister

Employment details

Role
Media Manager
Service
4 years

Claimant representation

Represented
No