In person For the v Ms Nicolaou, Solicitor — 2025

This was an open preliminary hearing before Employment Judge Daniels sitting alone on 3 December 2024. The issue decided was whether Mr Finn was a disabled person on 23 October 2023, the date his employment ended. The tribunal applied section 6 Equality Act 2010 and considered the effect of treatment under Schedule 1 paragraph 5(1).

The tribunal accepted that Mr Finn had been suffering from significant gastrointestinal problems in spring and summer 2023 after bariatric surgery, including repeated vomiting, acid reflux, fatigue, disturbed sleep, reduced concentration, and difficulty eating and retaining food. It relied on the contemporaneous medical records, including consultations in May and June 2023, and accepted his evidence that the condition was having a substantial adverse effect on normal day-to-day activities.

On long-term effect, the tribunal found that the medication produced only a temporary improvement and that the medical evidence indicated a likely relapse if treatment stopped. It considered the condition likely to last until at least June 2024 and beyond, and noted further sickness absence and endoscopy findings in late 2023 showing ulcers and anaemia. The tribunal therefore found that Mr Finn qualified as a disabled person on 23 October 2023. No monetary remedy was determined at this hearing.