Dr Maryna Anatolyeva v St Helens and Knowsley Teaching Hospitals NHS Trust and 1 other — 2023

The Tribunal refused the claimant's application to adduce further evidence and for a postponement to obtain and serve further medical evidence. It considered that the application was made very late, that the claimant had previously been told what evidence was needed on disability, and that admitting further evidence would require further oral evidence and could affect the listed final hearing.

On the preliminary issue of disability, the Tribunal found that the claimant had not established that she had a disability within the meaning of section 6 of the Equality Act 2010. The Tribunal considered the evidence about the claimant's communication difficulties, the report relied on by the claimant, and possible cultural or language factors, and concluded that the evidence did not show a substantial adverse effect on normal day-to-day activities on the balance of probabilities.

The judgment recorded that other claims, including unfair dismissal and age and race discrimination, were proceeding and that a further preliminary hearing would consider strike out and/or deposit issues and further case management.