Mr S Wilson v Limited (in Liquidation) — 2022

The Tribunal determined the sole preliminary issue of whether the Claimant was disabled under section 6 of the Equality Act 2010 during the period 9 March 2021 to 21 November 2021. The Respondent conceded that the Claimant had physical impairments, namely IBS and IBD or ulcerative colitis, and that the impairments had lasted for more than 12 months; the disputed issue was whether they had a substantial adverse effect on normal day-to-day activities.

The Tribunal accepted the Claimant's evidence about symptoms, hospital admissions, medication, dietary restrictions, sleep disruption, travel planning, the need for urgent toilet access, and the effect on work-related and social activities. It found that the Claimant had adopted coping mechanisms and medication, but that those did not mean the impairments lacked substantial adverse effect.

The Tribunal concluded that the adverse effect was more than minor or trivial and was substantial. It found that the effects varied day to day, but that flare-ups were likely to recur and did recur, including periods requiring hospitalisation. The Tribunal held that the Claimant had a qualifying disability under section 6 Equality Act 2010 for the relevant period.