Is it a Disability?: How Employment Tribunals Apply the Law in Discrimination Claims

In Miss M Hall v Dudley College of Technology, an employment tribunal determined Miss Hall satisfied the disability law, allowing her discrimination claims to proceed. Below, we examine what legally constitutes a disability at work and how individuals can prove this in their case.

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The Facts in Miss M Hall v Dudley College of Technology

Background to Miss Hall’s Discrimination at Work Claims 

Miss M Hall (“The Claimant”) has worked for Dudley College of Technology (“The Respondent”) since 28 February 2022. During her employment, she believes she’s been denied reasonable adjustments at work and harassed due to her disability. Consequently, she has brought discrimination claims.

However, before the employment tribunal can assess her claims of discrimination at work, they must determine whether her condition satisfies the Equality Act 2010 (sometimes referred to as the ‘Disability Discrimination Act’).

Disability at Work—Claimant’s Medical History

Before her employment, the claimant had a long medical history. In 2011/2012, she was diagnosed with a “degenerative disease of the spine”, forcing her to leave her job in a special school. She had another medical flare-up in 2016 when she began experiencing poor grip, numbness, and pain in her arms. After developing these symptoms, she started taking pain medication, some of which she still takes to this day.

When the claimant’s medication, which had been masking some symptoms, was reduced, doctors identified cervical spine issues in 2018. This included nerve root compression, which left her unable to hold objects or work for an extended period.

The claimant was diagnosed with further spine issues in 2020 and provided medication to help manage her symptoms. She continued to control her condition until 2022, when she began struggling with pain at work due to prolonged periods sitting at her desk.

Unfortunately, the claimant’s health significantly deteriorated later that year, and on 18 April 2023, an MRI confirmed degenerative changes in her lumbar spine. At this stage, the claimant’s health meant she required a mobility aid.

Over the following year, the claimant visited Occupational Health (OH) in July and received a home visit in September. This led to her receiving ergonomic walking sticks and a bathboard to assist with her mobility and daily tasks.

Discrimination Claims: Assessing Disability at Work

While the claimant remains employed at the respondent, she brought various discrimination claims to an employment tribunal. Among them, she asserted her employer failed to make reasonable adjustments at work and harassed her due to her disability. As mentioned, though, before the tribunal can address her claims of being unfairly treated at work, they must determine whether she satisfies the relevant disability law.

Under section 6 of the Equality Act 2010 (EqA 2010), a person is disabled if they have a physical or mental impairment that substantially impacts their long-term ability to undertake daily activities. Consequently, following Goodwin v Patent Office 1999, the tribunal had to consider whether:

  • The claimant had a physical or mental impairment.
  • Said impairment impacted her ability to undertake regular, daily tasks (Defined as activities which most people complete on a fairly regular and frequent basis under Appendix 1, section 14 of the Equality and Human Rights Commission’s Employment Statutory Code of Practice).
  • The impact was substantial (Defined as “more than minor or trivial” under section 212(1) of the EqA 2010).
  • The impact was long-term (Defined as lasting or likely to last at least 12 months under Schedule 1, section 2(1) of the EqA 2010).

Notably, it’s the claimant’s responsibility to prove that, on the balance of probabilities, they were disabled at the relevant time. Furthermore, for progressive conditions, the 2002 case, Mowat-Brown v University of Surrey, establishes that claimants must demonstrate, on the balance of probabilities, that their condition is likely to have a substantial adverse effect in their specific circumstances.

Tribunal Confirms Disability Status in Discrimination Claims

In Miss Hall’s case, the tribunal quickly established she had a physical impairment at the relevant time due to her degenerative spine condition. They also found that from late 2022 onwards, this substantially affected her ability to undertake regular, daily activities. This was because her mobility was significantly impaired, requiring her to use mobility aids and making tasks like cleaning difficult.

The tribunal then determined whether this impairment had lasted or was likely to last a minimum of 12 months. Since a previous flare-up between 2018 and 2020 had lasted beyond the minimum period, they found, on the balance of probabilities, that the same was likely to occur in this instance.

Finally, the tribunal assessed whether the claimant’s condition was “progressive” and whether it satisfied the relevant criteria. Since medical professionals revealed that each flare-up was likely to worsen her condition, the tribunal held it was progressive. They then reiterated that her condition was likely to substantially adversely affect her.

With this in mind, the tribunal ruled, “the claimant was disabled at the relevant time… by reason of degenerative spine condition.” As a result, her discrimination claims will proceed, with the next hearing taking place on 26 February 2025.

How do You Prove Disability in a Discrimination Claim?

Unfortunately, discrimination against disabled individuals sometimes occurs in the workplace. When it does, those affected will likely want to seek redress. In such circumstances, individuals may turn to internal resolution avenues, such as raising a formal grievance. However, if such fails, employment tribunal discrimination claims may be pursued.

To proceed with a claim concerning disability discrimination at work, a legally defined disability must first be found. As mentioned above, this means proving that there was a physical or mental impairment that substantially impacted one’s long-term ability to undertake daily activities, with the responsibility to show this falling on the claimant.

What Can I Use to Prove Disability?

Generally, tribunals rely on medical evidence, witness testimony, and claimant accounts to prove one’s condition satisfies the relevant disability law. Evidence could include GP reports and records of reasonable adjustments at work, while witness testimonies could be provided via written statements.

In any event, it’s crucial claimants provide a combination of evidence to help strengthen their case. Doing so gives them the best chance of their disability discrimination claims proceeding.

Get Help with Redmans

If you have been unfairly treated at work because of your disability or have any questions concerning discrimination against disabled employees, reach out to Redmans Solicitors immediately. As sector specialists, we can provide expert advice and help you seek the justice you deserve.

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