Claimant v Tesco Stores Limited

Outcome

Facts

The claimant worked for Tesco from November 2018, initially in the F&F clothing department requiring prolonged standing. She developed plantar fasciitis causing severe foot pain and swelling. On medical advice she moved to checkouts but avoided the self-service area which required standing. She could only stand for one hour before needing a 5-10 minute break. She took daily painkillers and received shockwave therapy. She also experienced sleep disturbance waking 3-4 times per night and had to wait 5-6 minutes on waking before standing.

Decision

The tribunal found that the claimant's plantar fasciitis was a disability under the Equality Act 2010 between late 2020 and 16 January 2022. The inability to stand for more than one hour had a substantial adverse effect on her ability to work in any job requiring prolonged standing. The avoidance strategy of changing departments and avoiding certain tasks did not negate this substantial effect. The other effects (walking limitation, sleep disturbance, morning stiffness) were not individually substantial but the standing limitation was.

Practical note

Legal authorities cited