Mr A Bawa v Trident Reach the People Charity (a company limited by guarantee) — 2017

At a remote preliminary hearing on 11 May 2023, Employment Judge Mensah heard evidence from Mr A Bawa and submissions from both parties. The tribunal addressed disability status and related case-management issues, but it did not decide the substantive discrimination or constructive dismissal claims at that stage.

The tribunal found that Mr Bawa was disabled within section 6 of the Equality Act 2010 because of the combined impact of Type 2 Diabetes, Ischemic Heart Disease and Gout. It held that those conditions together amounted to a physical impairment with a substantial and long-term adverse effect on normal day-to-day activities. The tribunal also found that the relevant period covered the whole of his employment with the respondent up to 28 February 2022. It recorded that Gout was a recurring condition since 16 January 2006, Ischemic Heart Disease was lifelong and progressive, and Type 2 Diabetes had persisted since diagnosis on 8 July 2008.

No findings were made on the respondent's knowledge of the conditions, although the respondent accepted that Mr Bawa had all three. On the limited evidence available at this stage, the tribunal could not fairly decide whether the matters relied on formed a continuing course of conduct or whether individual events were out of time or should be struck out. It therefore left limitation, the distinction between the first and second ACAS certificates, and any question of extending time for the substantive hearing. The tribunal referred to HM Revenue & Customs v Garau and stated that its reasoning would not bind the later tribunal beyond the finding that Mr Bawa was disabled at the relevant time.