Mr M Blitz, Counsel For the v Respondent — 2021

At the Bristol video hearing on 30 September 2021, Employment Judge A Richardson considered whether Mr P Phillips was disabled for the purposes of s.6 Equality Act 2010 by reason of three conditions: low back pain/sciatica, right eye visual defect, and arthritis generally. The tribunal heard evidence from the claimant and from Ms E Wombwell, Head of Function for the respondent, and relied heavily on the contemporaneous GP, occupational health, physiotherapy and chiropractic records. The respondent accepted that the claimant was disabled at all material times by osteoarthritis of the knees, but the judgment addressed only the disputed conditions above.

The tribunal accepted that the claimant had a physical impairment in the form of low back pain and sciatica and found that it had a long-term adverse effect on normal day-to-day activities. Although the judge found parts of the claimant's witness evidence overstated or not supported by the records, the medical material showed recurring back problems from early 2017, with flare-ups, treatment through physiotherapy and chiropractic care, and no resolution over a prolonged period. On that basis, the tribunal held that the condition was chronic, recurring and more than trivial, and that the disability definition was met.

The right eye visual defect claim failed. The tribunal found that the diplopia episode in 2009 had resolved, that a later reference in 2011 was also resolved, and that the occupational health evidence in 2016 and 2017 did not show any significant impact on day-to-day activities. The claimant did not provide ophthalmic evidence to support his case, and the tribunal held that he had not proved a physical impairment causing a substantial and long-term adverse effect.

The arthritis generally claim also failed. The tribunal accepted that the claimant had osteoarthritis in his knees, but found no evidence that he had been diagnosed with arthritis generally, and concluded that the neck and shoulder symptoms documented after the 2018 road traffic accident were not shown to be arthritis rather than soft tissue injury. The judge applied s.6 Equality Act 2010, the four-part disability test set out in the judgment, Schedule 1 paragraph 2, Aderemi v London and South Eastern Railway Ltd, and SCA Packaging Ltd v Boyle.