Mr D Ford v Ingenica Solutions Ltd and Mr S O’Callaghan

Case No: 2201155/2023

EMPLOYMENT TRIBUNALS Claimant: Mr D Ford Respondents: (1) Ingenica Solutions Ltd; (2) Mr S O’Callaghan 2201155/23 Representation: Claimant: Mr L Murdin (Counsel) Respondent: Ms J Duane (Counsel) Heard on: 4 July 2023, London Central Employment Tribunal by CVP video platform. Employment Judge: Mr D A Pearl

JUDGMENT The tribunal makes the following Judgment: 1 The Claimant was disabled within the meaning of the Equality Act 2010 by reason of two conditions: (a) Functional Neurological Disorder from a date no later than 3 March 2022, when it was first diagnosed, to 11 November 2022; and (b) stress and/or anxiety from April 2021 to 11 November 2022.

REASONS 1 This was the open preliminary hearing to determine “whether at the material time the Claimant had a disability within the meaning of the Equality Act 2010.” He was dismissed by the First Respondent (and I shall use the term ‘Respondent’ for the company) on about 11 November 2022. He had been a founder of the company. He relies on two conditions: (1) anxiety/stress from April 2021; (2)...

FND 4 Dr Murray, a Consultant Neurologist, first saw the Claimant on 19 January 2022, on referral from the GP. He took a detailed history. Relevant medical problems had begun in February 2021, with extreme tiredness, brain fog and other symptoms. These were severe and they worsened, to include a balance problem and other matters set out in the report. He presented with excessive fatigue and vee...