Claimant v Rokpa Trust
Outcome
Individual claims
This preliminary hearing determined only that the claimant is a disabled person under the Equality Act 2010 due to cancer (tongue tumour) and interstitial cystitis. The substantive discrimination claims will be heard at the final hearing scheduled for July 2025.
The claimant alleged detriment and/or dismissal because of making a protected disclosure. This preliminary hearing did not address the merits of this claim, which will be determined at the final hearing.
The claimant alleged unfair constructive dismissal. This preliminary hearing did not address the merits of this claim, which will be determined at the final hearing scheduled for July 2025.
Facts
The claimant had a mouth tumour surgically removed in June 2022 after emergency referral with suspicion of cancer. She experiences ongoing pain, nerve damage, speech difficulties, and fatigue from the surgery. She also suffers from interstitial cystitis diagnosed at age 25, a lifelong progressive bladder condition causing constant pain, incontinence, and significantly limiting her ability to sit, drive, shop, or carry out normal activities.
Decision
The tribunal determined that the claimant is a disabled person under section 6 of the Equality Act 2010 due to both cancer (tongue tumour) and interstitial cystitis. Both conditions had substantial and long-term adverse effects on her ability to carry out normal day-to-day activities. The final merits hearing is scheduled for July 2025.
Practical note
Cancer is automatically deemed a disability under the Equality Act, and ongoing effects of surgical treatment for suspected cancer can also constitute disability even if malignancy was not definitively confirmed.
Legal authorities cited
Statutes
Case details
- Case number
- 8000484/2023
- Decision date
- 25 March 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Rokpa Trust
- Sector
- charity
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No