Eczema and severe allergies found to be a disability under the Equality Act
An employment tribunal has ruled that a deputy manager's eczema and severe allergies amounted to a disability, paving the way for her discrimination claims to proceed.
1 min read · Last updated 18 May 2026
Case details
- #eczema
- #severe-allergies
- #long-term-condition
- #substantial-adverse-effect
- #preliminary-hearing
Key facts
- The claimant was employed as Deputy Manager from 14 October 2003 until dismissal on 10 November 2021.
- The claimant has suffered from eczema since at least 2008, diagnosed in March 2012.
- Eczema flares up periodically, requiring intensive medical treatment and causing substantial adverse effects on daily activities.
- The claimant also suffers from severe allergies and allergic reactions, including to insect bites.
- The tribunal found the claimant disabled under section 6 Equality Act 2010 at the material time.
Timeline
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Eczema onset
The claimant's eczema issues began around 2008.
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Eczema diagnosed
The claimant was diagnosed with eczema in March 2012.
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Medical report by Dr Damien Jackson
Dr Jackson reported acute extensive eczema on neck and body, treated with steroids and antihistamines.
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Condition improved
After aggressive treatment, the claimant's condition improved considerably.
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Relapse on stopping Prednisolone
Consultant Dermatologist Dr Neil Hepburn noted eczema relapsed when Prednisolone discontinued.
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Eczema reasonably controlled
Eczema reasonably controlled on Azathioprine but excoriated areas present.
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Eczema flare-up
Eczema began to flare again, leading to increased medication.
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Improvement
Eczema improving in February 2013.
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Flare-up again
Eczema flaring up in April 2013.
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Eczema remained clear
By May 2015, eczema remained clear after stopping Azathioprine in July 2014.
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Troublesome widespread eczema
Claimant consulted GP for troublesome widespread eczema including scalp.
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Allergic disorder diagnosis
GP diagnosed allergic disorder and prescribed Clobetasol and Prednisolone.
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Allergic reaction to insect bite
Claimant suffered swelling on whole face due to allergic reaction, treated with Prednisolone.
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Allergic reaction to insect bite
Claimant had allergic reaction to an insect bite.
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Dismissal
Claimant was dismissed for refusal to be vaccinated against Covid-19 or provide exemption.
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Claim presented
Claimant presented her claim to the Tribunal.
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GP consultation
Claimant consulted Dr Cornelia Wendt regarding history of allergic reactions.
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Preliminary hearing
Employment Judge Hutchinson heard evidence and submissions on disability status.
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Judgment issued
Tribunal found claimant disabled under section 6 Equality Act 2010.
The legal issue
The tribunal had to decide whether the claimant's eczema and severe allergies, which caused periodic flare-ups and required intensive medical treatment, constituted a disability under the Equality Act 2010 at the time of the alleged discrimination.
The outcome
The tribunal decided that the claimant was disabled under section 6 of the Equality Act 2010 at the material time.
Key reasons:
- The claimant had suffered from eczema since at least 2008, with a formal diagnosis in March 2012.
- The condition caused substantial adverse effects, including widespread eczema, severe itching, and allergic reactions requiring steroids and antihistamines.
- The effects were long-term, lasting more than 12 months, with periodic flare-ups even after periods of remission.
No compensation was awarded at this preliminary stage, as the decision only determined disability status. The claimant's substantive claims for unfair dismissal, discrimination arising from disability, failure to make reasonable adjustments, and victimisation will proceed to a full hearing.
Lessons & takeaways
- A condition that fluctuates, like eczema, can still be a disability if it has a substantial adverse effect over a long period.
- Medical evidence showing a history of treatment and flare-ups is crucial to establishing a 'long-term' condition.
- Even if a condition is not explicitly mentioned in the initial claim, it can be considered if raised later with supporting evidence.
- Employers should not assume that a condition is not disabling just because it is not always visible or active.
What this case shows
This preliminary decision highlights how common but fluctuating conditions like eczema can meet the legal definition of disability. The deputy manager, who had 18 years' service, suffered from eczema since 2008, with severe flare-ups requiring aggressive treatment. Despite periods of remission, the condition repeatedly returned, causing substantial adverse effects on her daily life.
The tribunal focused on the long-term nature of the condition, noting that the effects lasted more than 12 months and recurred even after treatment. This is a key point for anyone with a recurring condition: the law does not require constant symptoms, only that the impairment is likely to last or has lasted at least 12 months.
What the employer could have done differently
The respondent, Sense, argued that the claimant's eczema was not disabling because it was controlled at times. However, the tribunal found that the substantial adverse effect was present during flare-ups, and the condition was long-term. Employers should avoid dismissing fluctuating conditions as 'minor' and should consider medical evidence over time, not just at a single point.
Why this matters
This case is a reminder that the definition of disability under the Equality Act 2010 is broad. Conditions like eczema, allergies, or other chronic but intermittent illnesses can qualify if they have a substantial and long-term impact. For employees, keeping detailed medical records and documenting how the condition affects daily activities is essential. For employers, ignoring such evidence can lead to costly discrimination claims.
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