Cases3304664/2024

Claimant v London Borough of Barnet

6 March 2025Before Employment Judge AlliottWatfordin person

Outcome

Other

Individual claims

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

This preliminary hearing determined the claimant was disabled but did not determine the substantive discrimination claims. Full merits hearing to follow.

Facts

The claimant worked for London Borough of Barnet from May 2022 to May 2024. She has a complex medical history involving multiple road traffic accidents since 1996. Her conditions include Ehlers-Danlos syndrome/hypermobility, degenerative spondylosis and disc bulge, traumatic brain injury causing light/noise sensitivity, chronic fatigue syndrome, low blood pressure/anaemia, and stress caused by her physical conditions. Medical evidence spanned from 2000 onwards, including extensive GP notes, physiotherapy records, and consultant specialist letters. The preliminary hearing was directed to determine whether the claimant was disabled within the meaning of the Equality Act 2010 during her employment.

Decision

The tribunal found the claimant was disabled at all material times between 31 May 2022 and 3 May 2024 by reason of six separate impairments: (i) Ehlers-Danlos syndrome/hypermobility, (ii) intervertebral disc bulge/degenerative spondylitis/back pain, (iii) head trauma/neurological overstimulation causing light/noise sensitivity, (iv) chronic fatigue syndrome, (v) low blood pressure/anaemia, and (vi) stress caused by her physical impairments. The judge found all conditions had substantial adverse effects on day-to-day activities including carrying objects, sitting/standing, writing, typing, cooking, driving, and working in certain environments. The case will proceed to a full merits hearing.

Practical note

Tribunals will take a holistic approach to multiple overlapping physical impairments when assessing substantial adverse effects, and extensive medical records spanning many years can establish long-term disability even where individual conditions may be recurrent or fluctuating.

Legal authorities cited

Statutes

Equality Act 2010 Sch 1 para 2Equality Act 2010 Sch 1 para 5Equality Act 2010 s.6

Case details

Case number
3304664/2024
Decision date
6 March 2025
Hearing type
preliminary
Hearing days
2
Classification
contested

Respondent

Name
London Borough of Barnet
Sector
local government
Represented
Yes
Rep type
barrister

Employment details

Service
2 years

Claimant representation

Represented
Yes
Rep type
solicitor