The Claimant had been diagnosed with Mixed Connective Tissue Disease (MCTD) in 2010. She complained of unfair dismissal and disability discrimination in respect of her dismissal, following a disciplinary process, in 2021. At a preliminary hearing the ET determined that she was not a disabled person at the relevant time and dismissed the disability discrimination claim. The Claimant appealed.

The EAT allowed the appeal. The ET had found that in 2021 the Claimant’s condition was, and had been for some years, quiescent, and that during that period it did not have a substantial adverse effect on her ability to carry-out normal day-to-day activities. However, schedule 1 paragraph 2(2) Equality Act 2010 provides that if an impairment ceases to have a substantial adverse effect on a person’s ability to carry out normal day-to-day activities, it is to be treated as continuing to have that effect if that effect is likely to recur. The ET's conclusion that this provision did not apply at the relevant time was not properly reached and/or explained, having regard to the low threshold in law for this paragraph to be satisfied, and the evidence which the ET had about the particular nature of the Claimant’s condition.