Sciatica claim fails at first hurdle: not disabled under Equality Act
A tribunal found a passenger assistant with sciatica was not disabled at the time of her dismissal, because her symptoms had not lasted 12 months and there was no evidence they would. The disability discrimination claim was dismissed.
1 min read · Last updated 19 May 2026
Case details
- #sciatica
- #long-term-impairment
- #preliminary-hearing
- #struck-out
- #claimant-deceased
Key facts
- Miss Adams was employed as a Passenger Assistant from 5 November 2017 to 5 May 2021.
- She complained of disability discrimination and unfair dismissal.
- The impairment relied on was sciatica, with onset in February or March 2021.
- As of the dismissal date (5 May 2021), the impairment had not lasted 12 months and there was no evidence it was likely to last 12 months or recur.
- The disability discrimination claim was dismissed at a preliminary hearing on 2 September 2022.
- The unfair dismissal claim was later struck out after the claimant's death and no application to continue.
Timeline
-
Employment started
Miss Adams began working as a Passenger Assistant for the Respondent.
-
Symptoms began
Miss Adams started experiencing pain in her hip, later diagnosed as sciatica.
-
First doctor consultation
Miss Adams consulted a doctor for hip pain; prescribed painkillers.
-
Dismissal
Miss Adams was dismissed from her employment.
-
Early conciliation
Early conciliation took place.
-
Claim issued
Miss Adams issued proceedings for disability discrimination and unfair dismissal.
-
Second doctor consultation
Miss Adams saw her doctor again; medical records noted symptoms started months ago.
-
Specialist letter
Ravenscroft Healthcare Limited wrote to GP referencing onset in March 2021.
-
Preliminary hearing
Employment Judge Warren found Miss Adams was not disabled; disability discrimination claim dismissed.
-
Case management hearing
Unfair dismissal claim listed; tribunal informed claimant may have died; claim stayed.
-
Claim struck out
No application to continue; Employment Judge McNeill KC struck out the claim.
The legal issue
Whether the claimant's sciatica amounted to a disability under the Equality Act 2010, specifically whether it had a 'substantial and long-term adverse effect' on her daily activities as at the date of her dismissal.
The outcome
The tribunal dismissed the disability discrimination claim at a preliminary hearing, finding the claimant was not disabled.
- The sciatica began in February or March 2021, only 2-3 months before her dismissal on 5 May 2021.
- There was no medical evidence showing the condition was likely to last 12 months or recur.
- The unfair dismissal claim was later struck out after the claimant's death, with no application to continue.
No compensation was awarded.
Lessons & takeaways
- To bring a disability discrimination claim, you must prove you were disabled at the time of the alleged discrimination, not just at the hearing.
- An impairment that has lasted less than 12 months may still qualify if there is medical evidence it is likely to last 12 months or recur.
- Gather medical evidence early, including specialist opinions, to support the likelihood of long-term effects.
- If a claimant dies before the case concludes, a personal representative must apply to continue the claim within the time limit set by the tribunal.
What this case shows
This case illustrates a common stumbling block in disability discrimination claims: proving that a condition meets the legal definition of disability at the relevant time. The claimant, a passenger assistant with sciatica, had only experienced symptoms for a few months when she was dismissed. Despite her genuine pain and the impact on her daily life, the tribunal found she did not meet the 'long-term' requirement under the Equality Act 2010.
What could have been done differently
The claimant's case might have succeeded if she had obtained medical evidence before the dismissal showing that her sciatica was likely to persist for 12 months or more. A specialist's letter or a GP report predicting a prolonged recovery could have made a difference. Without such evidence, the tribunal had no basis to find the condition was long-term.
Why this matters
This case is a reminder that the burden of proof lies with the claimant to establish disability status. Early and thorough medical documentation is crucial, especially when symptoms are recent. It also highlights that even a strong subjective experience of pain may not be enough without objective medical evidence of long-term impact. For employees with conditions that develop shortly before dismissal, the timing can be fatal to a discrimination claim.
Similar cases
Support Practitioner's disability claim struck out after no medical evidence of substantial effect
A tribunal found that a support practitioner with Mixed Connective Tissue Disease was not disabled under the Equality Act, striking out her discrimination claim for lack of medical evidence.
Payments consultant allowed to add minimum wage and wrongful dismissal claims
A tribunal has granted a payments consultant permission to amend his claim to include wrongful dismissal and National Minimum Wage complaints, but refused to add automatic unfair dismissal. The case highlights the hurdles of bringing claims when working through a limited company.
Funeral director with 31 years' service fails to establish disability status
An employment tribunal has ruled that a funeral director with 31 years' service was not a disabled person under the Equality Act, dismissing his disability discrimination claims.
Site Manager with 8 months' service loses unfair dismissal claim
A site manager who was dismissed after just eight months had his unfair dismissal claim struck out for lack of qualifying service. His race discrimination claims were allowed to proceed but subject to a £100 deposit order.