Mr L Devello-Waters v Lidl Great Britain Limited — 2022

This was a preliminary hearing to decide whether the claimant was a disabled person within s6 Equality Act 2010 by reason of a chronic back condition, learning difficulties/dyslexia, and anxiety. The parties agreed that no claim depended on anxiety, so the tribunal did not decide whether anxiety was a disability.

On the back condition, the tribunal preferred the contemporaneous medical records as the best evidence of the effect of the impairment. It found that the claimant did not satisfy the statutory definition at the May 2019 or March 2020 incidents because there was insufficient evidence at those points that the impairment was long term, likely to last twelve months, or likely to recur. The tribunal found that by 20 July 2020 there was evidence of two episodes of low back spasm and ongoing pain on lifting, indicating or suggesting an underlying back condition, so the claimant was disabled by reason of the back condition from that date.

On dyslexia or learning disability, the respondent accepted impairment and long-term effect but disputed substantial adverse effect. The tribunal accepted the claimant's evidence and the August 2021 report, finding sufficient evidence of lifelong impairment with substantial effects on normal day-to-day activities. It held that the claimant was disabled by reason of dyslexia/learning disability at all material times.