Mr W Chant v Porton Biopharma Ltd PRELIMINARY HEARING — 2021

This was a preliminary hearing on whether Mr W Chant had a disability for the purposes of the Equality Act 2010. The tribunal accepted that he had a physical impairment, described as hypertension and high blood pressure, and noted that he had first been diagnosed with a cardiovascular disorder in December 2016 and had been prescribed medication to manage it.

The tribunal found that, when the condition became acute, it had a substantial adverse effect on normal day-to-day activities. It relied on evidence that Mr Chant experienced chest pain, shortness of breath, fatigue and blurred vision, which affected his ability to walk even short distances and to focus and concentrate. The tribunal also noted that treatment had to be disregarded when assessing the effect of the impairment, and that without medication the symptoms would have been more acute.

On the long-term element, the tribunal found that the condition had persisted since 2016, with fluctuating but recurring acute episodes in June to October 2017, February 2019 to October 2019, and earlier symptoms in late 2018. It held that the adverse effects had lasted at least 12 months and were therefore long-term for the purposes of section 6 and Schedule 1 of the Act.

The tribunal concluded that Mr Chant was a disabled person for the purposes of section 6 Equality Act 2010 at the material times for the claim, namely between February and November 2019. No remedy was assessed because the hearing determined only the preliminary disability issue.