Mr Richard Rich v Wannops LLP and 1 other — 2023

This was a preliminary hearing on whether Mr Richard Rich was a disabled person for the purposes of his disability discrimination claim against Wannops LLP and Adam Workman. The tribunal accepted that he had a physical impairment, identified in medical terms as myocardial infarction and aortic regurgitation, and considered the material period to be 1 August 2021 to 23 November 2021, ending with his dismissal.

The tribunal rejected parts of the claimant’s evidence about the extent of his symptoms and day-to-day limitations, finding that much of it was not corroborated by the contemporaneous medical records. It nevertheless accepted that he had experienced a heart attack, emergency stent insertion, continuing cardiac disease, and ongoing medication, and it treated the effects of the stent and medication as measures being taken to treat or correct the impairment under Schedule 1 of the Equality Act 2010.

Applying the statutory definition and the EHRC guidance, together with the authorities cited including Goodwin, Abadeh and Carden, the tribunal concluded that the claimant’s condition would have had a substantial adverse effect without treatment. It found that the stent had produced a permanent improvement in the right radial artery but had not cured the heart condition, and that the stent remained widely patent and continued to support the claimant. The tribunal also found that the risk of serious consequences, including cardiac arrest or stroke, meant the adverse effect was substantial and long-term. It therefore held that Mr Rich was disabled for the purposes of section 6 Equality Act 2010 at the material times.