Epsom and St Helier University Hospitals NHS Trust

Case Summary

The claimant alleged disability discrimination, including failure to make reasonable adjustments, in relation to a sight impairment. The tribunal determined that the claimant was disabled under the Equality Act 2010 due to a sight impairment.

The tribunal found that the claimant met the statutory definition of disability under the Equality Act 2010 due to a medically diagnosed sight impairment affecting the optic nerves/retinas, establishing the threshold for disability discrimination protection.

• •Disability status under Equality Act 2010 section 6

EMPLOYMENT TRIBUNALS Claimant: Ms Lena Nasr Respondent: Epsom and St Helier University Hospitals NHS Trust Heard at: London South ET (in public; by CVP) On: 27 January 2026 Before: Employment Judge Ost Appearances For the Claimant: Ms L Nasr (in person) For the Respondent: Mr T Kirk (Counsel) RESERVED JUDGMENT After consideration of the evidence provided and hearing from the parties, the judgment of the Tribunal is as follows: Disability Status 1. At the relevant times the Claimant was a disabled person as defined by section 6 Equality Act 2010 because of a sight impairment which was medically diagnosed as narrow or closed drainage angles and which led to ophthalmic/retinal migraines. REASONS Introduction 2. The Respondent is an NHS hospitals trust. The Claimant was employed by the Respondent as an assistant service manager from 15 July 2019 until 10 May 2024. 3. Early conciliation started on 22 July 2024 (Day A) and ended on 23 August 2024 (Day B). 4. On 22 September 2024 the Claimant presented a claim form containing complaints of: 4.1. Detriment for making protected disclosures 4.2. Failure to make reasonable adjustments 4.3. Victimisation 5. The Claimant originally asserted that she was disabled by two impairments described as: 5.1. Mental health disability exacerbated by stress (anxiety, depression) 5.2. Sight impairment 6. On 22 October 2024 the Respondent submitted a response form in which it resisted all of those complaints and it did not admit that the Claimant was disabled. 7. A case management preliminary hearing took place on 11 September 2025 before Employment Judge Lumby. The case management orders from that preliminary hearing were issued in writing to the parties by Tribunal on 14 November 2025. At paragraphs 1 to 5, Employment Judge Lumby ordered a further preliminary hearing take place to determine whether the Claimant had at the relevant times a disability for t…