in person v Respondent — 2020

The tribunal dismissed the claimant's race discrimination claim at this preliminary hearing because it had been presented out of time and it was not just and equitable to extend time. That was the only final determination made on that claim.

The tribunal did not finally determine the claimant's disability discrimination claim, which concerned an alleged failure to make reasonable adjustments in relation to use of a laptop. It considered whether the claimant was disabled within the meaning of the Equality Act 2010 in relation to various eye conditions. It accepted that the eye conditions existed and were long term, but noted there was scant medical evidence about their effect on day-to-day activities, evidence suggesting the claimant's laser eye surgery had been successful, and no strong support for his evidence that symptoms continued.

The tribunal also noted that when the claimant completed a health questionnaire on joining the respondent he stated that he had no past or present disability or impairment and no need for adjustments, and it recorded inconsistencies in his evidence about why that answer had been given. Although the tribunal had concerns about his credibility, it was not prepared completely to reject his evidence about needing adjustments and other limitations. It therefore made case management orders on an unless basis and said the disability question would remain live if still disputed at the final hearing, with the limitation issue to be determined there in any event.