Claimant v The Wise Group Limited
Outcome
Individual claims
Claimant had less than two years' continuous service and did not have qualifying service to bring an unfair dismissal claim. Complaint was withdrawn and dismissed.
Preliminary hearing on disability status only. Tribunal found claimant was disabled due to combination of impairments (obesity-related mobility issues, Sleep Apnoea, water retention, back/joint pain, Asthma) substantially limiting walking ability. Main discrimination claims remain to be determined at full merits hearing.
Preliminary hearing on disability status only. Tribunal found claimant was disabled. Substantive claim regarding failure to adjust for walking requirements in prison settings remains to be determined at full merits hearing.
Facts
Claimant worked as Finance Benefit and Debt Mentor from August 2022 to June 2023. She was dismissed on capability grounds. She had multiple obesity-related conditions including Sleep Apnoea, water retention, lower back/joint pain and Asthma, all requiring daily medication. An October 2022 occupational health report stated she could walk only 5-10 minutes before needing a break due to pain and breathlessness. The role required walking in prisons which the claimant found difficult. She brought disability discrimination claims but lacked qualifying service for unfair dismissal.
Decision
Tribunal held a preliminary hearing to determine disability status. Judge found claimant was disabled under Equality Act 2010 during employment. The combination of impairments (primarily obesity-related mobility restrictions) had a substantial long-term adverse effect on her ability to walk - a normal day-to-day activity. Without daily medication for pain, fluid retention, Sleep Apnoea and Asthma, she could walk only 5-10 minutes before needing a break. The unfair dismissal claim was withdrawn due to lack of qualifying service. Substantive discrimination claims proceed to full hearing.
Practical note
Multiple obesity-related impairments which cumulatively restrict walking to 5-10 minutes before breaks are needed can meet the disability threshold, applying the 'deduced effect' principle regarding daily medication even without expert medical evidence on what would happen if medication stopped.
Legal authorities cited
Statutes
Case details
- Case number
- 2502272/2023
- Decision date
- 17 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- charity
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Finance Benefit and Debt Mentor
- Service
- 10 months
Claimant representation
- Represented
- No