Claimant v London Borough of Barnet
Outcome
Individual claims
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
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