Claimant v Barbara Thubron — 2018

At a public preliminary hearing on 27 July and 12 September 2018, Employment Judge Speker OBE DL determined whether the claimant had disabilities within section 6 of the Equality Act 2010 and whether the respondent knew or ought reasonably to have known of them. The claimant relied on irritable bowel syndrome and post-concussion syndrome following an assault in November 2017; the respondent denied knowledge of IBS and disputed that post-concussion syndrome amounted to a disability at the relevant time.

The tribunal found that the claimant did have irritable bowel syndrome during the relevant period and that it was a disability, managed by medication that she obtained over the counter. However, it accepted the respondent's evidence that IBS had not been mentioned at recruitment, interview, or during employment, and found no credible evidence that anything said or done should have put the respondent on actual or constructive notice of that condition.

On post-concussion syndrome, the tribunal found the medical evidence unclear and treated concussion immediately after the assault as a transient condition rather than one likely to have a long-term effect. It found that the claimant returned to work within a day, was later signed off on the basis of short-term issues, and that the later material suggested post-traumatic stress rather than post-concussion syndrome. The tribunal therefore held that she was not suffering from post-concussion syndrome as a disability at the relevant time, and in any event the respondent could not have known of any such disability. Both disability discrimination claims were dismissed. The tribunal noted that the claimant's remaining holiday pay and notice pay claims could be listed for a short hearing if she confirmed in writing that she wished them to proceed.