Mr T Crew (Father) For the v Respondent — 2021

The preliminary hearing was listed to determine whether the claimant was disabled at the relevant time for her disability discrimination claims. The claimant relied on partial deafness, difficulty speaking, migraines, photophobia or light sensitivity, extreme fatigue, flushes and palpitations, anxiety and depression, and argued that these should be considered cumulatively.

The tribunal considered separate periods between January 2019 and the termination date of 6 December 2019. It found that the hearing loss lasted about 10 weeks and was not shown to have a substantial or long-term adverse effect at the relevant time. For later periods, it accepted that the claimant experienced symptoms including migraines, photophobia and fatigue, and that some symptoms had a substantial impact, but found the evidence did not show they were likely to be long term.

The tribunal concluded that there was no likelihood of substantial adverse effects on normal day-to-day activities lasting 12 months, and therefore the claimant did not meet the statutory definition of disabled during her employment. Her disability discrimination claims were dismissed.