Mr S Bradley v Cultureshift Communications Ltd: 2415128/2021
| Jurisdiction | England & Wales |
| Judgment Date | 15 March 2023 |
| Date | 15 March 2023 |
| Published date | 29 March 2023 |
| Court | Employment Tribunal |
| Subject Matter | Disability Discrimination |
| Citation | 2415128/2021 |
RESERVED
Case No. 2415128/2021
1
EMPLOYMENT TRIBUNALS
Claimant: Mr S Bradley
Respondent: Cultureshift Communications Limited
Heard at: Liverpool (in private; by CVP) On: 17 February 2023
&15 March 2023
(in chambers)
Before: Employment Judge Shotter (sitting alone)
Representatives
For the claimant: Mr D Rogers, solicitor
For the respondent: Ms K Skeating, solicitor
RESERVED JUDGMENT
The judgment of the Tribunal is that:
1. The claimant was disabled in accordance with section 6 of the Equality Act 2010
with an impairment of anxiety and depression, lethargy and tiredness
associated with long covid in the relevant period 29 April 2021 to 30 July 2021.
2. The Tribunal does have the jurisdiction to consider the complaints of disability
discrimination which will proceed to a liability hearing along with the unfair
dismissal complaint, and case management orders have been issued
separately.
RESERVED
Case No. 2415128/2021
2
REASONS
Preamble
The claims
1. This has been a remote preliminary hearing by video which has been consented
to by the parties. The form of remote hearing was Kinley CVP video fully remote. A
face to face hearing was not held because it was not practicable and all issues could
be determined in a remote hearing.
2. The documents that the Tribunal was referred to are in a bundle of 368 pages,
the contents of which I have recorded where relevant below, in addition to the
claimant’s signed and dated impact statement and updated impact statement. The
written statement of Gemma McCall that was read by me, and as it was not relied upon
by the respondent given no weight,. I also heard oral submissions received from both
parties, for which I am grateful and taken into account but not repeated at great length
below.
Preliminary hearing
3. Today’s preliminary hearing is to consider whether the claimant is disabled for
the purpose of section 6 on the Equality Act 2010 (“the EqA”). The hearing was
adjourned to an in chambers hearing as I ran out of time. I apologise for the delay to
the parties between the hearings caused by pressure of work on myself and the
Employment Tribunal.
4. An issue was raised at the preliminary hearing concerning alleged the
behaviour of parties, and an agreement was reached by all in accordance with the
wording set out in an email sent to the Tribunal on the 17 February 2023 at 11.36am.
A copy of the email has been placed on the Tribunal file and the parties are expected
to adhere to the agreement in order that a fair trial can take place, with serious
consequences if they do not including the possibility of the claim and/or the response
being struck out if a fair trial cannot take place in the future. The parties are urged to
take on board the case management orders made separately and work together to
ensure that this case is ready for trial and it will not go part-heard.
Issues
5. We discussed and agreed the issues to be decided at this preliminary hearing
as follows;
5.1 Did the claimant have a disability as defined in section 6 of the Equality
Act 2010 during the relevant period 29 April 2021 to 30 July 2021 as
agreed between the parties. The Tribunal will decide:
(i) Did he have a physical or mental impairment long covid
fibromyalgia and chronic fatigue syndrome ?
(ii) Did it have a substantial adverse effect on his ability to carry
out day-to-day activities?
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