Mr J Lubran v Powys County Council — 2023

The hearing considered whether the Claimant was disabled for the purposes of section 6 of the Equality Act 2010, whether he should be allowed to amend his claim, and further case management. The Respondent conceded that the Claimant's back condition amounted to a physical impairment and that he was disabled by that impairment during the relevant period, so disability discrimination claims relating to the back issue continue.

The Tribunal found that the Claimant had not established disability by way of mental impairment. It considered his evidence, medical records and occupational health material, and found that the references to stress showed reactions to perceived adverse circumstances rather than an underlying mental impairment with the required substantial and long-term adverse effect.

The Tribunal refused permission to add section 44 Employment Rights Act claims. It found that those claims had not previously been before the Tribunal, would add a new cause of action, were very substantially out of time, and that the hardship to the Respondent in allowing the amendment outweighed the hardship to the Claimant.