Claimant v Lealands High School

Outcome

Facts

The claimant was a teacher dismissed in April 2024. She experienced recurring gastrointestinal symptoms from November 2019 onwards, including stomach pain, bloating, nausea, diarrhoea and vomiting. After extensive testing over several years, she was diagnosed with H pylori infection in April 2023, though symptoms continued to recur even after antibiotic treatment. The symptoms required her to use the toilet at short notice, disrupted her ability to travel and teach, caused fatigue and sleep disturbance, and led to stress and anxiety. Sickness absence records showed gastric-related absences in academic years 2020/21, 2021/22 and 2022/23.

Decision

The tribunal found the claimant was disabled from November 2019 to April 2024. Although symptoms were intermittent, they recurred over a period exceeding 12 months and were part of an underlying condition. The symptoms, when present, had a substantial adverse effect on normal day-to-day activities including leaving the house, eating, and working. The tribunal concluded the effects were long-term as they lasted more than 12 months and were likely to recur, particularly as they did recur even after treatment.

Practical note

Legal authorities cited