Mrs H Adetula v Metropolitan Housing Trust Ltd and Thames Valley Housing Association Ltd: 3308740/2024
EMPLOYMENT TRIBUNALS
Case No 3308740/2024
Between
Mrs H AdetulaClaimantMetropolitan Housing Trust Ltd and Thames Valley Housing Association LtdRespondent
Before
Employment Judge AlliottMr Ameer Ismail (instructed by counsel) for respondentDate 5 February 2026
JUDGMENT
[1]The claimant was disabled within the meaning of the Equality Act 2010 by reason of PTSD, hypertension, right shoulder injury and migraine at all material times after 15 January 2024.
REASONS
The facts
[1]This public preliminary hearing was ordered by me on 3 September 2025 to determine whether the claimant was at all relevant times a disabled person within the meaning of the Equality Act 2010 and to deal with case management. The evidence I had a hearing bundle of 297 pages.[3]I had an impact statement and heard evidence from the claimant.
The law
[4]Section 6 of the Equality Act 2010 provides as follows:- “6 Disability (1) A person (P) has a disability if— (a) P has a physical or mental impairment, and (b) the impairment has a substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities.”[5]As per schedule 1 to the Equality Act 2010:- “2. Long term effects (1) The effect of an impairment is long term if – (a) it has lasted for at least 12 months. (b) it is likely to last for at least 12 months, or (c) it is likely to last for the rest of the life of the person affected. … 5. Effect of medical treatment (1) An impairment is to be treated as having a substantial adverse effect on the ability of the person concerned to carry out normal day to day activities if – (a) Measures are being taken to treat or correct it, and (b) But for that, it would be likely to have that effect.”
The facts
[6]The claimant was employed by the respondent as a Care and Support Worker on 24 November 2021.[7]On 7 March 2023 the claimant claims she was assaulted by a service user. There is no dispute she attended hospital and was an inpatient for eight days. It is the claimant’s case that she was bitten and hit with a walking stick by a service user.[8]The claimant has confirmed her impact statement on oath. She told me that the effects of her physical and mental impairments manifested themselves upon her discharge from hospital and have remained ever since.[9]The claimant presented as somewhat frail. However, I found much of her evidence to be unsatisfactory. She failed often to answer straightforward questions and was at times argumentative, and it was clear to me that both she and her children speaking for her were focused on achieving a decision that she was disabled at all costs irrespective of the reality. In my judgment, the claimant was clearly exaggerating the extent of her medical issues and when they manifested themselves. It is clear that the impact statement was drafted with the assistance of the claimant’s children.[10]Having said that, the claimant clearly does have physical and mental impairments and, consequently. I have looked at the contemporaneous medical evidence. Both sides complained that it was incomplete.[11]I have the discharge notes following the claimant’s discharge from hospital in March 2023. These give a diagnosis of “migraine, soft tissue pain and panic following assault.” The soft tissue pain related to the claimant’s right shoulder.[12]On 26 April 2023, the claimant was assessed by the respondent’s Occupational Health Department. The recommendation was that the claimant was fit for a return to full time work subject to a phased return to work and certain adjustments. That suggests to me that the claimant’s evidence that she was adversely affected in accordance with her impact statement from March 2023 must be incorrect.[13]I have a letter dated 10 May 2023 from a counsellor which states:- “Following your assessment on 10/05/2023, it was agreed that you would benefit from high intensity cognitive behavioural therapy (CBT) from our service, and you have been invited to attend understanding trauma group.”[14]On 24 May 2023 the claimant had an MRI scan on her shoulder. This found:- “There is a tiny full-thickness fenestrated tear of the supraspinatus footprint in the anterior interval.”[15]The claimant’s GP records include the following:- A reference to hypertension on 7 March 2023. A reference to right shoulder pain and using a crutch on 20 July 2023. References to PTSD, severe migraines and panic attacks on 11 August 2023. A reference to the claimant using a walking stick and being in a lot of pain on 14 September 2023. A reference to migraines on 10 November 2023.[16]In addition, I have a letter from a physiotherapist dated 10 October 2023 which records as follows:- “Ms Adetula has quite severe right shoulder pains since being attacked at work. MRI scan confirms a full thickness cuff tear and impingement at this stage. She has very limited and painful movement, she does not want a surgical opinion, but would like to be referred to physio. I will arrange this as urgent as possible and will follow up if she fails to improve.”[17]Consequently, I find that during the course of 2023 there is reference in the claimant’s medical records to PTSD, hypertension, right shoulder injury and migraine. Whilst the claimant relies on neurological symptoms, it is fair to say that there do not appear to be any specific references within the medical evidence that I have to neurological symptoms. However, as will be seen, the claimant relies on dizziness and a tendency to fall which prompted her to use a walking stick and there is undoubtedly reference to the claimant using a walking stick in the medical records. It would appear that the neurological symptoms are, to an extent, consequent upon the claimants hypertension or raised blood pressure.[18]Consequently, I find that following the incident on 7 March 2023 during the course of 2023 the claimant did have the physical and mental impairments of PTSD, hypertension, right shoulder injury and migraine.[19]I have to consider the extent to which those physical and mental impairments had a substantial adverse effect on the claimant’s ability to undertake day to day activities.[20]There are contemporaneous complaints in the claimant’s GP records to having to use a walking stick and being in pain. Further, the claimant sought cognitive behaviour therapy and there are references to migraine. The claimant was prescribed a number of medications to deal with those conditions.[21]In her disability impact statement, the claimant sets out what impacts she says the various conditions had on her. These are as follows:-21.1 Post-traumatic stress disorder. “Flashbacks, emotional distress, panic attacks and hypervigilance significantly impair her ability to carry out everyday tasks. She is dependent on others for cooking, shopping, and personal care.”21.2 Hypertension (severely elevated blood pressure). “The claimant experiences fatigue, dizziness, and physical limitations, making it unsafe or unmanageable to perform activities independently.”21.3 Right shoulder injury (Musculoskeletal impairment) “The claimant cannot lift or use her right arm for basic tasks. She cannot dress, clean or cook unaided.”21.4 Migraine disorder (neurological) “Uncontrollable migraines cause extreme light and noise sensitivity, rendering her unable to read, use a screen, or even sit upright during episodes. Affects all aspects of functioning.”21.5 Neurological symptoms (including numbness, panic induced falls, weakness) “Loss of sensation in right leg and arm during panic episodes, unpredictable falls, and general weakness make independent living unsafe.”[22]On the basis of the claimant’s evidence and even making allowance for the fact that I have found that she is probably exaggerating, I find nevertheless that the claimant’s physical and mental impairments did have a substantial adverse effect on her ability to undertake day to day activities as the course of 2023 went on. In my judgment, these probably increased in severity as time passed.[23]I have a letter dated 15 January 2024 from the claimant’s GP which states as follows:- “I am writing this letter to provide support for Mrs Hellen Adetula’s request for a longterm career break due to her ongoing health challenges. Mrs Hellen Adetula has been coping with post-traumatic stress disorder (PTSD) following a traumatic incident at work, and it is imperative that she takes the necessary time off to prioritise her mental and physical wellbeing. Mrs Hellen Adetula’s traumatic experience resulted in a significant spike in her blood pressure, reaching an alarming level of 245/110. Despite efforts to manage her blood pressure, it has proven difficult to control. The persistent symptoms she experiences, including nightmares, flashbacks, poor sleep patterns, anxiety, and forgetfulness, underscore the severity of her condition. It is evident that Mrs H’s ability to function in a work environment is currently compromised and her overall health is at risk if she continues to endure such distressing symptoms. The impact of her PTSD on her daily life is profound and warrants the need for an extended period of time away from work.”[24]I have to assess the point at which it could be said that the claimant’s physical and mental impairments were likely to last for at least 12 months. By January 2024 the claimant’s symptoms had lasted approximately 10 months. In my judgment and doing the best I can, I would date the likelihood of the claimant’s symptoms lasting longer than 12 months to this letter of 15 January 2024 which makes clear that the claimant’s problems are long-term.[25]The claimant has relied on a PIP assessment. The document produced to me does not make clear when the assessment took place. The claimant has suggested that it was on 25 March 2023 although the letter confirming the PIP assessment is dated in August 2023 and therefore postdates the dismissal of the claimant. Be that as it may, the PIP assessed the claimant as needing an aid or an appliance to prepare or cook a simple meal, needing to be prompted by another person to engage with other people, needing an aid or appliance or supervision from another person to be able to eat and drink, needing assistance from another person to wash, needing assistance to dress or undress. That assessment certainly supports the contention that the claimant’s physical and mental impairments had a substantial adverse effect on her ability to undertake day to day activities.[26]Consequently, I find that the claimant was disabled within the meaning of the Equality Act 2010 by reason of PTSD, hypertension, right shoulder injury and migraine as from 15 January 2024.[27]What is quite clear to me having reviewed the medical evidence, is that from the second half of 2023 the claimant was quite clearly unfit for any form of employment with the respondent by reason of her physical and mental impairments. Far from being able to provide care and support to service users she needed extensive care and support herself.[1]There will be a case management preliminary hearing on 3 September 2026 at 10 am, in person, at the Watford Employment Tribunal, 2nd Floor, Radius House, 51 Clarendon Road, Waford, WD17 1HP, with a time estimate of 3 hours.
The evidence
[2]The parties are to endeavour to agree a list of issues in advance. Approved by: