Ms. S. Golden v Ash Waste Services Ltd — 2019

At this reserved preliminary hearing, the tribunal found that Ms S Golden had a physical impairment, interstitial cystitis (also described as painful bladder syndrome), together with cystocele, and that the effects of those conditions had a substantial and long-term adverse effect on her day-to-day activities. The tribunal accepted that over about seven years she had experienced frequent urination, urgency, pain, nocturnal disruption, use of absorbent pads, and restrictions on diet and movement, and held that those matters satisfied section 6 Equality Act 2010.

The tribunal nevertheless found that Ash Waste Services Ltd did not know, and could not reasonably have been expected to know, that she was disabled at any material time. It found that she did not disclose her bladder condition to Mr Gould or management, completed an induction form stating that she did not have a disability, and explained her absences by reference to Norovirus, a routine ovarian cyst operation complicated by bladder perforation, and her grandmother's illness. The tribunal rejected her evidence that the form had been altered and rejected her evidence that Mr Gould knew of her underlying bladder condition.

Applying the knowledge principles discussed in N.J. Gallop v Newport City Council and A Ltd v Z, the tribunal held that there was no reason for the respondent to make further enquiry on the facts known to it. It found that the respondent had no grounds to suspect a long-term impairment with substantial adverse effects, and that further enquiry would not have been incumbent on the employer in the absence of any reason to ask.

Because the respondent lacked actual or constructive knowledge of the disability, the tribunal dismissed both the s.15 Equality Act 2010 claim and the reasonable adjustments claim under sections 20 and 21. No remedy was awarded.