Claimant v Yarrow Heights School Limited

Outcome

Facts

The claimant worked as a Learning Support Assistant at a special needs school for approximately five months until dismissal on probationary grounds on 25 July 2024. He claimed to be disabled by reason of Irritable Bowel Syndrome (IBS), diagnosed in August 2021. The respondent accepted IBS was a long-term impairment but disputed it had substantial adverse effects on his ability to carry out normal day-to-day activities. The claimant had completed a pre-employment medical questionnaire on 5 February 2024 in which he did not disclose his IBS or any need for adjustments.

Decision

The tribunal found the claimant was not disabled under s.6 of the Equality Act 2010. The judge did not find the claimant credible, noting significant inconsistencies between his oral evidence describing severe symptoms and his GP records which showed only minor symptoms manageable by diet. The tribunal found no evidence in medical records of substantial adverse effects on normal day-to-day activities and concluded the claimant was exaggerating his symptoms for litigation purposes.

Practical note

Legal authorities cited