Claimant v Mersey Care NHS Foundation Trust
Outcome
Individual claims
Preliminary hearing determined that the claimant was a disabled person by reason of Osteoarthritis between January 2023 and November 2023 under s.6 Equality Act 2010. This finding supports the disability discrimination claim which will be determined at a future hearing.
The tribunal found that the claimant was not a disabled person by reason of Perthes disease between January 2023 and November 2023 under s.6 Equality Act 2010. Any disability discrimination claim based on Perthes disease cannot therefore succeed.
Facts
The claimant, Mrs Goldberg, was employed by Mersey Care NHS Foundation Trust. She brought disability discrimination claims. The respondent disputed whether the claimant was a disabled person. A preliminary hearing was held to determine disability status in relation to two medical conditions: Osteoarthritis and Perthes disease, for the period between January 2023 and November 2023.
Decision
The tribunal found that the claimant was a disabled person by reason of Osteoarthritis between January 2023 and November 2023 under s.6 Equality Act 2010. However, the tribunal found she was not disabled by reason of Perthes disease during the same period. The substantive discrimination claims will be heard at a future date.
Practical note
In NHS disability discrimination cases, disability status may be established for one condition but not another, requiring separate analysis of each impairment's substantial and long-term adverse effects.
Legal authorities cited
Statutes
Case details
- Case number
- 2412907/2023
- Decision date
- 28 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- Yes
- Rep type
- barrister