Brain injury from accident: tribunal rules employee not disabled under Equality Act
A former employee who lost his sense of taste and smell after a brain injury failed to prove he was disabled, as the tribunal found his symptoms were not likely to last 12 months. His disability discrimination claim was dismissed.
1 min read · Last updated 18 May 2026
Case details
- #brain-injury
- #loss-of-taste-and-smell
- #headaches
- #substantial-adverse-effect
- #long-term-effect
- #credibility-issues
Key facts
- The claimant suffered a brain injury from an accident on 29/30 June 2021.
- The respondent accepted the claimant had an impairment but disputed substantial long-term adverse effects.
- The claimant lost his sense of taste and smell and suffered severe headaches during the relevant period.
- The claimant did not provide medical evidence that these effects were likely to last 12 months or more.
- The tribunal found the claimant's evidence unreliable due to his admitted tendency to downplay symptoms.
- The claimant was not disabled within the meaning of section 6 Equality Act 2010.
Timeline
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Accident causing brain injury
The claimant suffered a brain injury in an accident late on 29 June into the early hours of 30 June 2021.
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GP consultation
Claimant reported loss of taste and smell and headaches beginning to ease.
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GP consultation
Claimant reported intermittent headaches and desire to return to work.
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Start of disciplinary investigation
The respondent commenced a disciplinary investigation into the claimant's conduct.
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Neuropsychological assessment (first session)
Claimant attended first session of neuropsychological assessment.
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Letter from Dr Rowland
Dr Rowland wrote that claimant required reasonable adjustments under the Equality Act.
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GP note of headaches
GP records note claimant still having headaches following head injury.
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Dismissal notification
Respondent notified claimant of decision to dismiss for alleged gross misconduct.
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Neuropsychological assessment report
Report noted loss of taste and smell, but no mention of dizziness or cognitive issues.
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Discharge from neuro rehab team
Claimant discharged from Merton Neuro Rehab Team; no reference to ongoing symptoms.
The legal issue
The tribunal had to decide whether the former employee was a disabled person under section 6 of the Equality Act 2010, specifically whether his brain injury caused substantial and long-term adverse effects on his daily activities from September to November 2021.
The outcome
The tribunal dismissed the disability discrimination claim because the claimant was not a disabled person within the meaning of the Equality Act 2010.
Key reasons:
- The respondent accepted the claimant had an impairment (brain injury) but disputed that its effects were substantial and long-term.
- The claimant's evidence on symptoms like loss of taste/smell, headaches, and cognitive issues was found unreliable because he admitted to downplaying his symptoms.
- Medical records showed no evidence that the effects were likely to last 12 months or more at the relevant time.
No compensation was awarded as the claim failed on the preliminary issue of disability status.
Lessons & takeaways
- To bring a disability discrimination claim, you must first prove you are disabled under the Equality Act 2010 – the impairment must have substantial and long-term (12+ months) adverse effects on daily activities.
- Medical evidence from the relevant period is crucial; the tribunal cannot rely on later events to show that effects lasted 12 months.
- Be consistent in reporting symptoms – admitting you downplay them can undermine your credibility and the whole claim.
- If your symptoms improve or are not documented as likely to persist, you may struggle to meet the long-term requirement.
What this case shows
This case highlights the importance of meeting the strict legal definition of disability under the Equality Act 2010. The former employee suffered a brain injury in an accident, losing his sense of taste and smell and experiencing severe headaches. However, the tribunal found that during the relevant period (September to November 2021), there was no medical evidence that these effects were likely to last 12 months or more. The claimant's own GP notes showed improvement, and a neuropsychological report did not mention ongoing cognitive issues.
Why the claim failed
The tribunal placed significant weight on the claimant's own admission that he tends to downplay his symptoms. This made his evidence unreliable, especially when medical records did not support his claims of long-term effects. The respondent had accepted the brain injury as an impairment, but without proof of substantial and long-term adverse effects, the disability discrimination claim could not proceed. The case was dismissed at a preliminary hearing, meaning the other claims (unfair dismissal, whistleblowing) will still go to a full hearing.
What could have been done differently
To strengthen a disability claim, employees should obtain medical reports early that explicitly address the likelihood of symptoms lasting 12 months. Consistent reporting of symptoms to doctors and employers is also vital – downplaying them can be used against you. Here, the claimant's discharge from the neuro rehab team without reference to ongoing symptoms further weakened his case.
Why this matters
This decision is a reminder that not every serious injury automatically qualifies as a disability under the Equality Act. The legal test is specific: the adverse effects must be both substantial and long-term at the time of the alleged discrimination. Employees considering a disability discrimination claim should seek legal advice early to assess whether they meet this definition, as failing the preliminary issue can end the claim before it even begins.
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