Claimant v Bilfinger UK Limited

Outcome

Facts

The claimant is a scaffolder working offshore for the respondent. He has chronic dermatitis dating back to 1992, triggered by contact with oils, sweat, dirt, non-natural fibres and other irritants. He follows a rigorous daily skincare regime including specialised soaps, moisturisers, antihistamines, steroid creams and wearing only clean cotton clothing. Despite these measures, he experiences periodic flare-ups causing cracked, bleeding, weeping skin particularly on visible areas like his face and hands. At work, standard safety helmets caused forehead rashes due to sweat and contact with the helmet lining. He requested permission to wear a specific 'Big Ben Hat' with removable, washable lining to mitigate this issue.

Decision

The tribunal found the claimant was a disabled person under s.6 of the Equality Act 2010 between 10 May and 28 June 2024. The judge considered the cumulative effect of the claimant's extensive daily management regime and the substantial impact on normal day-to-day activities, including intimate relations, clothing choices, hygiene routines, and ability to concentrate at work. The tribunal applied the statutory guidance broadly, finding that the combined effect of the claimant's condition and necessary coping strategies was more than minor or trivial, meeting the definition of substantial adverse effect.

Practical note

Legal authorities cited