Claimant won Employment Tribunal · 28 November 2022

Events Manager wins disability status after car accident: employer knew of impairment

A tribunal ruled that an events manager with a serious leg injury was disabled under the Equality Act, and that her employer knew about it from February 2020.

1 min read · Last updated 18 May 2026

Case details

Key facts

  • The claimant suffered a serious leg injury in a car accident on 9 April 2019.
  • She returned to work on 28 May 2019 with adjustments including working from home and assistance at events.
  • By December 2019, she still had pain walking downstairs, difficulty driving in congested traffic, and could not lift heavy items.
  • The respondent continued to provide adjustments until events stopped in March 2020 due to the pandemic.
  • The tribunal found the claimant was disabled from 1 February 2020 and the respondent had knowledge of that disability from the same date.

Timeline

  1. Car accident

    The claimant was seriously injured in a car accident, suffering fractures to her leg.

  2. Surgery

    The claimant underwent surgery on her leg injuries.

  3. Surgical revision

    The claimant was readmitted for surgical revision and discharged on 13 May 2019.

  4. Return to work (home)

    The claimant returned to work, working from home only, and remained non-weight bearing until July 2019.

  5. Fit note

    The claimant provided a fit note indicating she may be fit for return to office with adjustments.

  6. Home meeting

    A meeting was held at the claimant's home; acts relied upon as discrimination.

  7. Consultant's report

    Mr Bannerman reported the fracture was healed but the claimant had ongoing knee issues and a risk of premature arthritis.

  8. Reasonable adjustments letter

    The claimant wrote to the respondent detailing required adjustments, which were implemented.

  9. First event with adjustments

    The claimant attended her first event with adjustments, including assistance with lifting and a chair on stage.

  10. Discharged from physiotherapy

    The claimant was discharged from physiotherapy and told to continue exercises; no further active medical treatment.

  11. Christmas party

    The claimant attended the Christmas party on crutches and had difficulty mobilising.

  12. Review meeting

    A review meeting noted the claimant's improvement but ongoing issues; adjustments continued.

  13. Disability start date

    The tribunal found the claimant became disabled on this date.

  14. Lockdown

    National lockdown due to COVID-19; events stopped and adjustments ceased.

  15. Dismissal

    The claimant was dismissed by reason of redundancy.

The outcome

The tribunal decided that the claimant was disabled from 1 February 2020 onwards, and that the respondent had knowledge of her disability from that date.

The key reasons were:

  • The claimant's leg injury from a car accident caused ongoing symptoms including pain, difficulty walking downstairs, and limited mobility, which had a substantial adverse effect on her ability to carry out normal day-to-day activities.
  • The effect was long-term because it lasted over 12 months (from April 2019 to at least February 2020) and was likely to recur or continue.
  • The respondent knew about her condition through medical reports, fit notes, and regular contact, and by February 2020 it should have been apparent that the impairment was long-term.

No compensation was awarded at this preliminary stage; the case will proceed to a full hearing on the discrimination claims.

Lessons & takeaways

  • A serious injury that lasts over 12 months can qualify as a disability even if you are able to work with adjustments.
  • Employers should consider updated medical evidence when assessing whether an employee's condition has become long-term.
  • Knowledge of a disability can be inferred from the information available to the employer, even without a formal diagnosis.
  • Keep a record of all communications about your health and adjustments to help establish the timeline of disability.

What this case shows

This preliminary hearing demonstrates how tribunals assess whether an employee is disabled under the Equality Act 2010, and whether the employer knew about it. The events manager suffered a serious leg fracture in a car accident in April 2019. She returned to work with adjustments, but by December 2019 she still had pain walking downstairs and difficulty driving. The tribunal found that by February 2020, her condition had lasted over 12 months and had a substantial adverse effect on her mobility, making her disabled.

What the employer could have done differently

The respondent had medical reports and fit notes showing the claimant's ongoing symptoms. However, they argued that her condition was improving and therefore not long-term. The tribunal rejected this, noting that the effect had already lasted 10 months and was likely to continue. Employers should not assume that gradual improvement means the condition is not long-term; they should consider the overall duration and likelihood of recurrence.

Why this matters

This case is a reminder that disability status can be established even when an employee is working with adjustments. The key is whether the impairment has a substantial adverse effect on normal day-to-day activities and is long-term (lasting or likely to last 12 months or more). The tribunal also emphasised that knowledge can be inferred from the information available, so employers should take a proactive approach in assessing whether an employee's condition meets the disability definition.

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