Claimant v Argyll & Bute Council

Outcome

Facts

The claimant, a care worker with 30 years' experience, brought disability discrimination claims based on asthma she had suffered since childhood. She was required to use two inhalers daily (Serotide and Salbutamol) and experienced chest infections requiring A&E treatment approximately twice per year. A preliminary hearing was held to determine whether she met the definition of disability under section 6 of the Equality Act 2010. Despite clear orders from a previous case management hearing and multiple opportunities to provide detailed evidence of the impact of her asthma on day-to-day activities, the claimant provided only minimal information about her medication use and occasional hospital attendance.

Decision

The tribunal found that the claimant was not disabled within the meaning of section 6 of the Equality Act 2010 at the material time from 19 June 2023. The judge concluded that despite having asthma since childhood and using medication, the claimant failed to provide sufficient evidence demonstrating that her condition had a substantial adverse effect on her ability to carry out normal day-to-day activities, either with or without medication. The claimant's evidence was described as 'woefully inadequate' despite being given multiple opportunities including adjournments during the hearing to obtain proper medical evidence.

Practical note

Legal authorities cited