Ms B Hochnowska v City Tailors Trading Ltd City Tailors Ltd Mr Mehmet Aydin Mr Burhan Aydin — 2019

At a preliminary hearing on 5 September 2019, Employment Judge P Cadney had determined that Ms B Hochnowska was a disabled person within the meaning of s.6 Equality Act 2010 at all relevant times. The respondent applied by email on 16 September 2019 for reconsideration of that judgment, challenging the acceptance of the claimant's evidence about a gallstone diagnosed in Poland in 2012 and the conclusion that her condition was progressive.

The tribunal refused the reconsideration application on 27 September 2019. It held the application was not valid because it had not been copied to the claimant as required by Rule 71. The judge also considered the application on its merits and said there was no reasonable prospect of the original decision being varied or revoked.

On the merits, the judge held it was open to accept the claimant's oral evidence as honest and reliable without medical evidence. The judge also held that, on the evidence that the claimant had suffered adverse effects since 2012 and that they had increased in frequency and severity from 2015, it was open to conclude that the adverse effects could well become substantial. The respondent's application was therefore refused.