Mr A George v Peter Cox Ltd — 2021

This was a reserved preliminary judgment in Mr Ashley George’s proceedings against Peter Cox Ltd. The only issue determined was whether, at the material time, he was a disabled person within the meaning of section 6 of the Equality Act 2010 by reason of a shoulder/arm condition, and/or back and/or knee conditions. The tribunal heard from Mr George and considered medical and occupational health evidence, including reports concerning his earlier back and knee problems and the right shoulder injury he sustained in a road traffic accident on 6 August 2019.

The tribunal accepted that Mr George had physical impairments arising from his earlier back and left knee injuries during the relevant period, but it was not satisfied that those conditions had a substantial adverse effect on normal day-to-day activities. It noted that the main evidence of impact from those earlier injuries was a need to drive an automatic vehicle, and it treated that as insufficient on the evidence before it. The tribunal also noted Mr George’s use of painkillers.

By contrast, the tribunal found that the right shoulder injury sustained on 6 August 2019 was a physical impairment and that it caused a substantial adverse effect on normal day-to-day activities. It relied on Mr George’s evidence, and the medical material, that he had difficulty lifting and carrying shopping and doing household tasks such as vacuuming. The tribunal referred to the Equality and Human Rights Commission Guidance, including examples of shopping and household tasks as normal day-to-day activities, and the statutory meaning of substantial as more than minor or trivial.

The tribunal concluded that Mr George was a disabled person within the meaning of the Equality Act 2010 by reference to the effects of his right shoulder injury. It found that he had that disability from 6 August 2019 until his dismissal on 13 October 2020. This judgment did not decide any substantive discrimination liability or any remedy.