Ms J Ball, Counsel For the v Ms H Royle, Solicitor (1st) Mr E Nuttman, Solicitor (2nd) — 2021

This was a preliminary hearing limited to whether Ms Amanda Verboort was, at all material times, a disabled person under section 6 of the Equality Act 2010. Arriva London North Ltd conceded disability on 9 June 2020, but London Sovereign Ltd did not. The tribunal also noted that the substantive case remained listed for a later final hearing and that the claimant intended to continue her discrimination claim against LSL.

On obstructive sleep apnoea, the tribunal accepted the medical evidence from Dr Pillai and Professor Stradling. It found that the claimant had long-term sleep apnoea, was treated with CPAP, and without the device would become tired, have impaired concentration and memory, and would likely be unable to drive. Those effects were more than minor or trivial, and the condition was held to be long-term and, on the evidence, lifelong.

On hearing loss, the tribunal accepted that the claimant had long-term left-ear deafness or hearing loss, supported by audiology and ENT evidence and by the family history referred to in the evidence. It found that she wore a hearing aid to hear passengers and that, without it, she would need to lip read or move close to hear what was being said. Applying the Equality Act guidance on hearing impairment and hearing aids, the tribunal held that this was also a physical impairment with a substantial and long-term adverse effect. It therefore concluded that the claimant was a disabled person at all material times. The hearing did not determine liability on the substantive discrimination claims or any remedy.