Mr D Rommer - Solicitor For the v Ms I Omambala - Counsel PRELIMINARY HEARING — 2019

At this preliminary hearing the tribunal decided only the threshold issue of disability under s.6 Equality Act 2010. The claimant relied on endometriosis, adenomyosis and anaemia, and the tribunal accepted that she had those conditions. It considered the medical evidence, the disability impact statement and the expert report, and applied the statutory test requiring a physical or mental impairment with a substantial and long-term adverse effect on normal day-to-day activities.

The tribunal found that the claimant’s symptoms had a cumulative effect: the conditions caused pain, heavy bleeding and anaemia, which in turn led to tiredness and sleep disruption. It accepted evidence that, when symptoms flared, she was unable to walk, stand or drive, and that working and studying were normal day-to-day tasks she was no longer able to carry out. The tribunal also noted that the effect need not be constant and that medical treatment, including the coil inserted on 6/7/2018, was a relevant measure under Schedule 1(5).

On long-term effect, the tribunal accepted that the impairment had lasted at least 12 months at the material time or was likely to last that long, and rejected the expert’s narrower understanding of long-term. It referred to the Equality Act 2010 Guidance, including para B4 on cumulative effects, and concluded that the claimant had discharged the burden of proof. The tribunal therefore found that she was a disabled person for Equality Act purposes, and the case was to proceed to the full merits hearing listed for 6/7/2020.