Ms K Raszewska v Rokpa Trust — 2025

This was a preliminary hearing on whether Ms K Raszewska was a disabled person for Equality Act purposes in relation to a mouth tumour/cancer and interstitial cystitis. Because there had been difficulties with document production and access, the tribunal focused on the claimant’s oral evidence and the documents the respondent confirmed it could access. The claimant said her mouth tumour had been diagnosed in mid-2022 and removed by surgery on 13 June 2022, part of her tongue having been removed in the procedure.

The tribunal accepted that the tumour had been successfully removed in June 2022, but found that the effects of the operation continued. It held that the claimant was a disabled person because of cancer. It also said that, even if the tumour was not cancerous, the substantial adverse effect of the removal of the tongue tumour on normal day-to-day activities was enough to amount to a disability. The tribunal accepted evidence of ongoing pain, swollen tongue, dry mouth, fatigue, difficulty eating and impact on speech, including the need to stop speaking to take a drink.

On interstitial cystitis, the tribunal found that it was a long-term progressive condition and that it had a substantial adverse effect on the claimant’s ability to carry out normal day-to-day activities. It relied on evidence that the claimant was in constant pain, had incontinence, could not sit for long periods, found driving and public transport difficult, avoided many activities involving leaving the house, and had disturbed sleep and fatigue. The tribunal therefore held that she was disabled because of interstitial cystitis at the relevant time. No decision was made on liability for the underlying discrimination, whistleblowing or constructive dismissal claims at this hearing.