Claimant v TIMET UK Limited

Outcome

Facts

The claimant, an EBM operator, suffered from chronic anal fissure and haemorrhoids since at least 2018, undergoing multiple treatments including botox injections, rubber band ligations, and surgeries in 2019 and 2022. Despite periodic remissions following treatment, the condition recurred with symptoms of pain, bleeding, frequent toilet visits, and depression. The respondent disputed that the condition was a disability, accepting the impairment but denying it was long-term or had substantial adverse effects. This was a preliminary hearing to determine disability status under the Equality Act 2010 for the period August to October 2022.

Decision

The tribunal found that the claimant was disabled under the Equality Act 2010 during the relevant period. The chronic anal fissure and haemorrhoids constituted a physical impairment that had substantial adverse effects on normal day-to-day activities including frequency and duration of toilet visits, attendance and concentration at work, and social participation. The condition was long-term, having persisted since at least 2019 despite multiple treatments, and was likely to recur even during periods of remission. The effects would have been substantially adverse but for the treatment measures taken.

Practical note

Legal authorities cited