Claimant v On Running UK Ltd
Outcome
Individual claims
This was a preliminary hearing to determine whether the claimant was disabled within the meaning of the Equality Act 2010. The tribunal found that tinnitus causing substantial adverse effects on day-to-day activities from 27 January 2024 onwards could well last at least 12 months, satisfying the definition of disability. The substantive discrimination claims remain to be determined.
Facts
The claimant worked as a salesperson for the respondent from January 2023. In late January 2024, he developed tinnitus which he attributed to exposure to loud music in the store. The condition substantially affected his ability to work in the store, use walkie-talkies and headphones, and caused anxiety, depression and sleep difficulties. He sought medical assistance and was referred for audiological assessment. The respondent stated the work environment could not accommodate his need to avoid noise.
Decision
This was a preliminary hearing to determine disability status. The tribunal found that the claimant's tinnitus caused substantial adverse effects on day-to-day activities from 27 January 2024 onwards. Applying the 'could well happen' test from Nissa, and recognising that tinnitus is frequently a chronic permanent condition, the tribunal concluded the claimant was disabled within the meaning of the Equality Act 2010 during the material period.
Practical note
Tinnitus can constitute a disability even in its early stages if it has substantial adverse effects and, given its frequently chronic nature, it 'could well happen' that effects will last 12 months, applying the Nissa threshold without the benefit of hindsight.
Legal authorities cited
Statutes
Case details
- Case number
- 2222572/2024
- Decision date
- 16 September 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- salesperson
- Service
- 1 years
Claimant representation
- Represented
- No