Mr J Rocchi v Octo Members Group Ltd — 2023

The tribunal heard a reserved preliminary issue on 17 April 2023 to decide whether Mr J Rocchi was a disabled person within section 6 Equality Act 2010 for the period 7 September 2021 to 19 November 2021, before the disability discrimination and reasonable-adjustments claims proceeded to the final hearing. Octo Members Group Ltd accepted that he had sustained a brain injury after an accident on 29/30 June 2021, but disputed that the impairment had substantial long-term adverse effects on normal day-to-day activities.

The tribunal accepted that, during the material period, Mr Rocchi had lost his sense of taste and smell and continued to suffer headaches. It found those symptoms had a substantial adverse effect on normal day-to-day activities, including eating, enjoyment of food and drink, reading and screen use, and having to lie down during headaches. It did not accept that dizziness/disorientation or cognitive issues had been shown to the requisite standard during that period.

The tribunal found there was no medical evidence showing that the substantial adverse effects were long-term as at the date of the alleged discriminatory acts, and applied All Answers Ltd [2021] EWCA Civ 606 in assessing the question by reference to the facts existing between 7 September 2021 and 19 November 2021. It therefore held that Mr Rocchi was not disabled within section 6 Equality Act 2010 and dismissed the disability discrimination claims.