Claimant v The S NHS Trust
Outcome
Individual claims
Preliminary hearing determined that claimant was disabled by reason of hypothyroidism from before March 2020 to April 2021 and by chronic rhinosinusitis from November 2020 to May 2022, but not by anxiety disorder. The substantive discrimination claims relating to mask-wearing and vaccination requirements have not yet been determined and are to be heard at a final hearing.
Claimant sought permission to amend to add health and safety detriment claims under s.44 ERA 1996. This issue was listed for determination at the preliminary hearing but was not concluded due to time constraints. Matter to be dealt with at further preliminary hearing.
Claimant sought permission to amend to add protected disclosure detriment claims under s.47B ERA 1996. This issue was listed for determination at the preliminary hearing but was not concluded due to time constraints. Matter to be dealt with at further preliminary hearing.
The preliminary hearing was listed to determine whether the claimant's beliefs were protected under s.10 Equality Act 2010, but this issue was not determined due to time constraints. Matter to be dealt with at further preliminary hearing.
Facts
The claimant, a Ward Sister on an Oncology Ward, brought disability discrimination and other claims arising from requirements to wear surgical masks during Covid-19 and subsequently to receive Covid-19 vaccination. She had not been in the workplace since October 2020. She relied on three impairments: hypothyroidism (diagnosed September 2019, arising from medical implants in 2013, substantially improved after explant surgery August 2020), chronic rhinosinusitis (diagnosed April 2021 but symptomatic from November 2019 nose surgery), and anxiety disorder. The preliminary hearing focused solely on whether she was a disabled person under the Equality Act 2010.
Decision
The tribunal found the claimant was disabled by hypothyroidism from well before March 2020 to April 2021, when the permanent benefits of explant surgery meant the condition no longer had substantial long-term adverse effects. She was disabled by chronic rhinosinusitis from November 2020 (when the 12-month threshold was met) to May 2022. She was not disabled by anxiety disorder at any time during the relevant period, as there was insufficient evidence of substantial long-term adverse effects separate from her physical conditions.
Practical note
Tribunals must carefully scrutinise when surgical intervention permanently removes substantial adverse effects of an impairment, applying deduced effects analysis only where there is sufficient evidence (particularly medical evidence for mental impairments) to determine what would happen without ongoing treatment.
Legal authorities cited
Statutes
Case details
- Case number
- 1302652/2022
- Decision date
- 24 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- The S NHS Trust
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Ward Sister
Claimant representation
- Represented
- No