Claimant v Indigo Service Solutions Limited

Outcome

Facts

The claimant suffered a stroke on 14 April 2021 which left her with aphasia, causing significant difficulties with speech, reading, and comprehension. She spent two months in hospital receiving speech and language therapy, making substantial progress but still experiencing serious ongoing difficulties at discharge. She was dismissed on 19 November 2021, about seven months after the stroke. Despite initially expressing optimism about a quick return to work, an occupational health assessment in September 2021 revealed she still had substantial impairment, with her own assessment that her speech was only 80-90% recovered.

Decision

The tribunal found that the claimant was disabled at the time of her dismissal on 19 November 2021. Although the impairment had not yet lasted 12 months, the tribunal concluded that based on objective evidence in September/November 2021, it was likely that the effects of her stroke would continue to be more than minor or trivial through to April 2022. The tribunal rejected reliance on an optimistic occupational health report, preferring the medical evidence showing substantial ongoing cognitive and communication difficulties.

Practical note

Legal authorities cited