Dr M Anatolyeva v St Helens and Knowsley Teaching Hospitals NHS Trust and NHS England: 2401163/2023 and 2403404/2023
| Jurisdiction | England & Wales |
| Judgment Date | 14 March 2024 |
| Date | 14 March 2024 |
| Published date | 26 March 2024 |
| Court | Employment Tribunal |
| Subject Matter | Disability Discrimination |
| Citation | 2401163/2023 and 2403404/2023 |
Reserved Judgment Case Numbers: 2401163/2023
& 2403404/2023
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EMPLOYMENT TRIBUNALS
Claimant: Dr Maryna Anatolyeva
Respondents: (1) St Helens and Knowsley Teaching Hospitals NHS Trust
(2) NHS England
Heard at: Manchester On: 10 October 2023
Before: Employment Judge Holmes (sitting alone)
Representatives
For the claimant: in Person
For the respondent: Ms L Gould, Counsel
RESERVED JUDGMENT
It is the judgment of the Tribunal that:
1.The claimant’s application for permission to adduce further evidence, and for a
postponement to obtain and serve further medical evidence is refused.
2.The claimant was not at the material times a person with a disability.
NOTICE OF HEARING
3. There will be a further public preliminary hearing on 17 May 2024 , at 10.00 a.m.
listed for one day, at Manchester Employment Tribunal , Alexandra House, 14-22
The Parsonage, Manchester, M3 2JA in person , to determine :
1. Whether any or all of the claimant’s claims should be struck out and/or the
claimant should be ordered to pay a deposit as a condition of continuing with
any of the claims; and
2. To give further case management directions and identify the issues to be
determined; and
3. Whether the final hearing should be postponed.
Reserved Judgment Case Numbers: 2401163/2023
& 2403404/2023
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REASONS
1.The Tribunal convened to hear a number of preliminary issues, and applications, the
first of which was whether the claimant was at the material time a person with a
disability.
2. The Tribunal heard evidence from the claimant , and was hearing her closing
submissions, when she indicated that she may wish to adduce further medical
evidence in the form of an autism assessment (which she has not yet had) and ,
possibly, a further witness statement from herself.
3. To the extent that this was an application to postpone the hearing , and adduce
further, as yet unavailable, evidence , Ms Gould for the respondents objected to it,
given that it was a very late application, and the claimant had previously been advised
at a previous preliminary hearing of what evidence she needed to adduce, and this
very issue had been discussed.
4. The claimant , however, considered that she had been misled by a statement in the
medical report that she had relied upon to the effect that her condition was “covered by
the Equality Act 2010”, a statement that the Employment Judge considered was
ambiguous and potentially went too far, as the determination of whether a condition
which is not a prescribed disability such as cancer or HIV, amounts to a disability is a
matter for the Tribunal.
5. As the hearing was drawing to a close and could not be concluded, the Employment
Judge reserved judgment. He did so until 7 November 2023, during which period if the
claimant wished to obtain and adduce further medical evidence, and possibly seek to
make and admit a further witness statement , she could do so. The respondents would
be entitled to make objections, and the Employment Judge would then consider
whether to admit the new evidence, and make any consequential orders necessary.
Further developments after the postponement.
6. Following the hearing the claimant wrote to the Tribunal, duly copying the
respondent as required. There appear to be two occasions upon which she did so. The
first was on 16 October 2023, when she sent an email to which was attached a further
statement, dated 13 October 2023 from the claimant herself. There then was a further
email of 20 October 2023, to which the claimant attached more evidence , in the form
a screen shot from a mobile phone, and other documents.
7. By email of 23 October 2023 the respondent responded to the claimant’s recent
communications , objecting to the admission of any new evidence, and inviting the
Tribunal to determine the issue of disability upon the evidence that it already has.
Discussion and ruling upon the claimant’s applications.
8. By her email to the Tribunal of 16 October 2023 the claimant simply attached her
further statement, for the attention of the Employment Judge.
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