Mr A Wilde v The Goodwood Hotel Limited — 2022

This was a preliminary hearing to determine whether Mr A Wilde was disabled for the purposes of section 6 Equality Act 2010 at the relevant time. The tribunal accepted that he suffered from migraine with aura during the relevant period and treated that as a physical impairment for the duration of an episode. It also accepted that, during a migraine, there was an adverse effect on normal day-to-day activities at onset and for the immediate period afterwards.

The tribunal found, however, that the adverse effect was not substantial. It relied on Mr Wilde's evidence that the effect of each migraine was generally limited to about 24 hours, with recovery by the next day, and on his sickness record showing one-day absences for migraine. The tribunal also noted that he had managed the condition initially with over-the-counter medication, later received Sumatriptan in November 2019, and had only sought medical intervention on that one occasion.

On the long-term question, the tribunal accepted that the effect of the impairment extended over more than 12 months, with migraine-related absences recorded from February 2018 through January 2020. Applying the statutory definition and the guidance in Schedule 1 to the Equality Act 2010, the tribunal concluded that the claimant had not discharged the burden of proving that the substantial adverse effect requirement was met. The disability discrimination claim was therefore dismissed for want of jurisdiction. The tribunal recorded that the remaining claims, including sex discrimination and unfair dismissal, were still to be determined separately.