Argyll and Bute Council

Case Summary

The case was a preliminary hearing to determine if Mrs J Anderson was disabled under the Equality Act 2010. The Employment Judge found that her asthma did not have a substantial and long-term adverse effect on her ability to carry out normal day-to-day activities, thus dismissing the claim.

The tribunal found that the claimant's asthma did not meet the statutory definition of disability under the Equality Act 2010, as it did not have a substantial and long-term adverse effect on normal day-to-day activities.

• •whether the claimant was disabled, within the meaning of section 6, Equality Act 2010, at the time of the events about which she complains

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8001025/2024 5 Held in Glasgow via Cloud Video Platform (CVP) on 3 February 2025 Employment Judge Brewer Mrs J Anderson Claimant In Person 10 Argyll & Bute CouncilRespondent 15 Represented by: Ms A Weaver - Solicitor 20 JUDGMENT OF THE EMPLOYMENT TRIBUNAL The judgment of the Tribunal is that the claimant was not a disabled person within the meaning of section 6, Equality Act 2010 at the material times. REASONS Introduction 25 1. This case was listed for a public preliminary hearing to determine whether the claimant was disabled, within the meaning of section 6, Equality Act 2010, at the time of the events about which she complains. 2. At the hearing the claimant represented herself and the respondent was represented by Ms Weaver, Solicitor 30 3. In accordance with the order of Judge McManus made at a preliminary hearing on 18 November 2024, the claimant had provided a disability impact statement and medical evidence she relies on. There was an agreed bundle 8001025/2024 Page 2 of documents which had been prepared by the respondent for use at the preliminary hearing. 4. At the hearing the claimant gave evidence and was cross examined by Ms Weaver. I also asked the claimant some questions. 5. For the reasons set out below I reserved my decision in this case and set out 5 my findings below. Issue 6. The issue at the hearing was whether the claimant was disabled, within the meaning of section 6, Equality Act 2010, at the time of the events about which she complains. 10 Relevant Law 7. The material part of s.6 is as follows: “6 Disability (1) A person (P) has a disability if— (a) P has a physical or mental impairment, and 15 (b) the impairment has a substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities.” 8. For the reasons which follow I shall set out here a brief descrip…