Mr Andras Toth v HR GO (Liverpool) Ltd and 1 other — 2021

At a reserved preliminary hearing, the tribunal considered only whether Mr Andras Toth satisfied the definition of disability under s.6 Equality Act 2010 at the material time. The claimant relied on pain, discomfort and numbness affecting his back, neck, shoulders and upper limbs from 2015 onward. The evidence referred to diagnoses including tendonitis, polyarthritis, cervicalgia, advanced degenerative changes in the cervical spine, mild bilateral carpal tunnel syndrome and partial denervation of the right bicep muscles. The tribunal accepted that he used wrist supports, anti-inflammatory and painkilling medication, injections and an inversion table, and that his symptoms affected dressing, lifting, opening containers and sleep.

The respondents challenged his credibility and argued that the problems were linked to particular working conditions and were overstated. The tribunal found the claimant plausible and credible. It held that, whatever the prevailing diagnosis or contributing factors, he had experienced disabling pain for about five years and still did so, with a substantial and long-term adverse effect on normal day-to-day activities. The tribunal also found that the fact he coped, modified his activities, or had fewer recent GP visits did not prevent a finding of disability. No remedy was determined because this was a preliminary hearing on disability status only.