Ms Victoria Harvey v The Secretary of State for Justice — 2026

At a public preliminary hearing, the tribunal considered whether Ms Victoria Harvey was disabled within section 6 of the Equality Act 2010 because of Inducible Laryngeal Obstruction (ILO), dysfunctional breathing or breathing pattern disorder (DBPD), probable asthma, and gastro-oesophageal reflux (GORD). The respondent admitted that her depression and anxiety met the statutory definition of disability. Claims relying on those two impairments will continue to a final hearing, and the merits of the discrimination claims were not decided.

The tribunal was not satisfied that Ms Harvey had asthma. Her medical records said that her history was not consistent with asthma, and spirometry and FeNo tests were clear. It also found that she was not disabled by GORD or DBPD. The GORD examination was normal and unremarkable, while Ms Harvey accepted that neither GORD nor DBPD had a substantial adverse effect on her ability to carry out normal day-to-day activities.

The medical records referred to an ILO diagnosis on 13 December 2024, but the tribunal was not satisfied that the condition had a substantial adverse effect on normal day-to-day activities, whether considered alone or with the other alleged physical impairments. It treated Ms Harvey's evidence with caution because of evasive answers and her inconsistent account of why she withdrew from a Hyrox event. Evidence that she climbed stairs for meetings, attended the gym, did weightlifting and cardio exercise, and trained for the Hyrox event also weighed against the asserted effects.

The tribunal therefore found that Ms Harvey had not established disability based on ILO, DBPD, probable asthma, or GORD. It made no remedy award because this judgment dealt only with the preliminary issue of disability status.