Miss S D Vickers v Sense, The National Deafblind and Rubella Association — 2023

This was a preliminary hearing to decide whether Miss Vickers was disabled for Equality Act 2010 purposes at the material time, 10 November 2021. The claimant relied on eczema and severe allergies and allergic reactions. The tribunal heard evidence from the claimant, received no evidence from the respondent, and considered medical records and the claimant’s impact statement. It accepted that eczema had been diagnosed in March 2012, with symptoms dating back to about 2008, and that the condition flared from time to time and required treatment.

The tribunal found that the claimant’s eczema, severe allergies and allergic reactions were intertwined and formed a physical impairment with long-term adverse effects. It accepted that the condition affected normal day-to-day activities, including washing and getting ready in the morning, because she had to apply creams each morning and this took longer than it would for a person without the impairment. It also found adverse effects on sleep, general wellbeing, confidence, and interaction with others. The tribunal applied the Equality Act guidance on substantial adverse effect, long-term effect, recurring or fluctuating effects, and treatment, and concluded that the adverse effect was more than minor or trivial.

The tribunal rejected the respondent’s submission that the evidence showed only minor impact, and it also rejected the suggestion that the claimant’s condition should be treated as three separate impairments. It held that the claimant had established a physical impairment that had a long-term and substantial adverse effect on her ability to carry out normal day-to-day activities and therefore was disabled within section 6 Equality Act 2010.