Automated Summary
Key Facts
The claimant (Mrs V Mogie) was determined not to be a disabled person as defined by section 6 of the Equality Act 2010 due to conditions including type 2 diabetes, asthma, depression, arthritis, sciatica, and visual impairment/migraines. Consequently, all claims of disability-related discrimination, unfavourable treatment, failure to make reasonable adjustments, and harassment were dismissed.
Issues
- The tribunal dismissed claims of discrimination and/or unfavourable treatment because of something arising in consequence of disability, failure to make reasonable adjustments, and harassment related to disability.
- The tribunal determined that the claimant was not a disabled person as defined by section 6 of the Equality Act 2010 because of type 2 diabetes, asthma, depression, arthritis, sciatica, and/or visual impairment/migraines.
Holdings
- The claims of discrimination and/or unfavourable treatment because of something arising in consequence of disability, failure to make reasonable adjustments and harassment related to disability are therefore dismissed.
- The claimant was not a disabled person as defined by section 6 Equality Act 2010 because of type 2 diabetes and/or asthma and/or depression and/or arthritis and/or sciatica and/or visual impairment/migraines.
Legal Principles
The court applied the definition of disability under section 6 of the Equality Act 2010, determining that the claimant was not disabled due to her conditions (type 2 diabetes, asthma, depression, etc.). This directly impacted the dismissal of claims related to disability discrimination, reasonable adjustments, and harassment.
Cited Statute
Equality Act 2010
Judge Name
Employment Judge David Hughes
Passage Text
- At the relevant times the claimant was not a disabled person as defined by section 6 Equality Act 2010 because of type 2 diabetes and/or asthma and/or depression and/or arthritis and/or sciatica and/or visual impairment/migraines.
- The claims of discrimination and/or unfavourable treatment because of something arising in consequence of disability, failure to make reasonable adjustments and harassment related to disability are therefore dismissed.