In person For the v Respondent — 2023

At this preliminary hearing, the tribunal was asked only whether Mr A Cain met the definition of disability under section 6 Equality Act 2010, and if so from what date. It found that he had a physical impairment consisting of an inguinal hernia, prolapsed disc and nerve damage to the back. Relying on the claimant's evidence, the GP notes and the progression of symptoms, the tribunal accepted that the condition had a substantial adverse effect on normal day-to-day activities by at least 1 April 2022.

The tribunal held that the effects were likely to last 12 months or more from about 15 June 2022 onwards. It referred to the Office for Disability Issues guidance, including paragraphs C3 and C4, and to Richmond Adult Community College v McDougal [2008] ICR 431, and said that by that date the symptoms had worsened over about six months, surgery was required in September 2022, and recovery was likely to take a further 12 to 18 months. It noted that the claimant remained on significant pain relief and that surgery did not immediately resolve the symptoms.

The tribunal rejected the respondent's submission that it had to determine the exact date of any alleged discriminatory omission at this stage. It said that questions about any reasonable adjustments omission, time limits, and the substantive merits of the claimant's claims were for the final hearing. The tribunal therefore found that the claimant had a disability for the purposes of section 6 Equality Act 2010 from 15 June 2022 onwards.