Ms A B Punithanathan v London Residential Healthcare Limited — 2025

The claimant brought claims including constructive unfair dismissal, payments related to absence from work, and unlawful discrimination under the Equality Act 2010. The preliminary hearing was listed to decide whether her sensitivity to odours was a disability for the purposes of s.6 EQA and, if so, when the respondent became aware of it.

The tribunal considered the claimant's evidence, GP letters, grievance, and the respondent's evidence. It found that hypersensitivity to smells and odours was not accepted as a physical or mental impairment, that there was no adverse effect on the claimant's ability to carry out day-to-day activities, and that there was no substantial adverse effect.

The tribunal also found that the material before the respondent did not alert it to any possibility that the claimant had a disability under the EQA. It concluded that the claimant was not disabled for the purposes of the EQA and therefore could not pursue her unlawful discrimination claims under the EQA.