Mr M Lidbetter v Automobile Association Developments Limited — 2021

The preliminary issue was whether the claimant was disabled within s.6 Equality Act 2010 during the agreed material period from 11 April to 5 August 2019. The claimant accepted that he had diabetes and was disabled by reason of that condition, but he did not rely on diabetes for these claims. He relied instead on a musculoskeletal condition affecting his back following workplace incidents.

The tribunal found that, during the material period, the claimant had some restricted movement and discomfort when driving and particular difficulty lifting and using ramps when collecting vehicles. He was able to work eight-hour shifts with adjustments recommended by his GP and Occupational Health, and he did not describe other day-to-day activity difficulties during the material time.

The tribunal concluded that the physical impairments and their impact did not have a substantial adverse effect on the claimant's day-to-day activities at the material time. It also noted that later deterioration and the MRI finding of degenerative disc disease were not known or predicted by his GP or Occupational Health during that period. The claimant was therefore not disabled within the meaning of the Equality Act at the material time, and the disability discrimination claims were dismissed. The remaining claims were left to proceed to a full hearing.