Mr. J. Durbin v Marks and Spencer plc HELD BY: CVP — 2021

At a preliminary hearing on 29 June 2021, Employment Judge T. Vincent Ryan determined whether Mr J. Durbin’s asthma met the definition of disability under section 6 Equality Act 2010 for the purposes of his disability discrimination claims. The claimant said he had been diagnosed with asthma at age 5, used inhalers on a daily basis, and would struggle with ordinary activities if he did not take them or if they were ineffective. He described symptoms including a tight, heavy, wheezy chest and difficulty breathing, and said he had experienced an asthma episode in January 2021 that led him to call NHS 111.

The tribunal accepted the claimant’s evidence, including his description of symptoms and treatment regime, even though the written impact statement and medical material gave limited detail and there was no record of hospital or GP attendance for an asthma episode. The judge accepted that the condition was long-term and found that, without the regular treatment regime, the asthma would have a substantial adverse effect on normal day-to-day activities. The tribunal therefore found that Mr Durbin satisfied the section 6 EqA definition of disability by reason of asthma.