Ms. K. Kolawole v South London and Maudsley NHS Foundation Trust PUBLIC PRELIMINARY HEARING — 2025

The tribunal decided a preliminary issue about whether the Claimant was disabled within the meaning of section 6 of the Equality Act 2010 during the relevant period, 13 September 2022 to 18 June 2023. The Claimant relied on chronic right shoulder pain and gave evidence about difficulty with driving, sleeping, shopping, cooking and bathing.

The tribunal accepted that the Claimant had a right shoulder impairment, but found that the evidence did not show a substantial adverse effect on normal day-to-day activities in the relevant period, other than during a post-operative period in early 2021. It also found that the medical documents and chronology did not support a long-term adverse effect.

The tribunal concluded that the Claimant did not meet the statutory test for disability at any relevant time. Her disability discrimination claims were struck out as having no reasonable prospects of success, while her ordinary unfair dismissal claim was left to proceed to a later final hearing.