Claimant v Metroline Limited

Outcome

Facts

The claimant was employed as a Senior Service Controller at Metroline's Holloway garage from June 2006 until dismissal on 23 October 2023 following a capability hearing. He had undergone bariatric surgery in 2022 for severe obesity. From March 2023 he developed severe acid reflux and gastric ulcers as complications from the surgery, causing repeated vomiting (4-5 times per week), fainting, fatigue, and significant concentration difficulties. He had multiple periods of sickness absence totalling 83 days plus further absences in August and September 2023. He was prescribed high-dose omeprazole medication which provided temporary control of symptoms but was required long-term.

Decision

The tribunal found the claimant was a disabled person on 23 October 2023. Applying the deduced effects of treatment principle, the tribunal disregarded the medication's effect and found that his gastrointestinal condition (acid reflux and ulcers) had a substantial adverse effect on normal day-to-day activities including sleep, eating, concentration and mobility. The condition was long-term, likely to last at least 12 months without medication, and was more serious than standard acid reflux due to complications from invasive stomach surgery.

Practical note

Legal authorities cited