Mrs Sarah Wood v Via-K Limited t/a Plan B Consulting — 2019

This was a preliminary hearing on disability status only. The claimant, Mrs Sarah Wood, alleged disability discrimination against Via-K Limited t/a Plan B Consulting in relation to events in September to October 2018. The tribunal heard evidence from the claimant and from her husband, David Wood, and noted that the respondent called no witnesses. The respondent conceded that the claimant had a physical impairment, that it had an adverse effect on day-to-day activities, and that it was long-term, but disputed whether the effect was substantial.

Applying section 6 of the Equality Act 2010, section 212(1), Schedule 1, the Statutory Guidance on the definition of Disability (2011), and the approach in Goodwin v Patent Office, the tribunal found that the claimant had abdominal pain at the relevant time, later diagnosed as IBS. It accepted her evidence that the pain was constant but fluctuated in intensity, and that it affected sleep, concentration, driving, shopping, eating out, and socialising. The tribunal held that these effects were more than minor or trivial and therefore substantial.

The tribunal also found that the substantial adverse effect was long-term. It accepted that the substantial effect began in February 2018 and continued through October 2018, and concluded that, as at the relevant time, it was likely to last for at least 12 months from onset. The judgment therefore recorded that the claimant was a disabled person for the purposes of the Equality Act 2010 and that the claim could proceed. The tribunal stated that these findings related only to disability status and would not bind any future tribunal dealing with the merits or issues such as the respondent's knowledge.