Ms K Samudzimu v Lealands High School — 2025

This was a public preliminary hearing to decide whether Ms K Samudzimu had a disability within the meaning of s.6 Equality Act 2010 during the period November 2019 to April 2024. The tribunal accepted that she first experienced gastrointestinal symptoms in November 2019, that diagnosis took time, and that H pylori was ultimately identified in April 2023. It noted that a diagnosis was not required and that the issue was the effect of the impairment, not its cause.

The tribunal accepted that the claimant experienced stomach pain, bloating, nausea, diarrhoea and vomiting, with an urgent need to use the toilet, fatigue, disrupted sleep, and related stress and anxiety. It found that these symptoms adversely affected day-to-day activities including leaving the house, travelling, teaching in classes, eating out and social interaction. The tribunal also relied on the GP records and sickness absence evidence, including gastric-related absences across the 2020/21, 2021/22 and 2022/23 academic years, together with recurrence of symptoms in March 2023 and further tests later in 2023.

Applying s.6 Equality Act 2010 and the relevant guidance, the tribunal found that the effects were substantial when they occurred and were long-term because the symptoms had begun in November 2019, recurred over a period exceeding 12 months, and were likely to recur. It therefore concluded that Ms Samudzimu was to be treated as having a disability from November 2019.