Mr L Gunn v Thirsty Work Ltd — 2026

At a public preliminary hearing by video at Bristol on 11 May 2026, Employment Judge Livesey determined whether Mr Gunn was disabled within the meaning of s.6 Equality Act 2010 and addressed the respondent's strike-out application. The tribunal held that Mr Gunn was disabled at all material times by reason of chronic rhinitis and/or sinusitis. The substantive disability discrimination complaint was not determined in this judgment.

The tribunal recorded medical evidence showing GP attendances and ENT treatment from 2012 onwards, including diagnoses or descriptions of chronic rhinitis, acute sinusitis, allergic rhinitis, left nasal obstruction and a deviated septum. Mr Gunn had undergone a septoplasty and turbinate reduction by 2015, continued to have symptoms, was referred again to ENT services, and had further surgery in February 2025 after a treatment plan in May 2024.

Applying the Equality Act definition and the authorities and guidance cited, the tribunal focused on substantiality because that was the respondent's challenge. It found that the condition waxed and waned over many years and was not grossly debilitating, but that the described symptoms, including blocked nose, full-face feeling, headaches, pain, discharge, occasional pyrexial episodes, exhaustion and general malaise, were more than minor or trivial. The tribunal concluded that the chronic condition, with repeated acute bouts of infection, inflammation, breathing difficulties and other symptoms, met the definition of disability.

The tribunal also dismissed Mr Gunn's complaint under the Part-Time Workers Regulations under rule 38(1)(a), finding that it had no reasonable prospect of success. The judgment states that the reasons for that dismissal were set out in a Case Management Summary of the same date. No remedy was awarded or assessed in this preliminary hearing judgment.