Mr P Sarjeant v JCT 600 Limited Heard by Cloud Video Platform (CVP) in Leeds — 2023

This was a preliminary hearing on whether the claimant’s serrated polyposis was a disability within section 6 Equality Act 2010. The respondent had already conceded that the claimant’s dyslexia, autism spectrum disorder and ADHD were disabilities, so the only live disability issue was serrated polyposis. The claimant also had a section 10 Equality Act 2010 claim based on philosophical belief, but that claim was withdrawn and dismissed.

The tribunal reviewed limited medical records from the claimant’s GP and later specialist evidence. It noted July 2019 records of abdominal colic pain, bowel symptoms, borderline calprotectin, previous polyp removal and a non-urgent referral. It also considered a 3 February 2023 colonoscopy report stating that the claimant fulfilled the criteria for serrated polyposis syndrome, together with letters from Dr Smye referring to likely serrated adenoma syndrome, a history of bowel symptoms back to at least 2008, and specialist care since about 2010.

The tribunal found that serrated polyposis amounted to a physical impairment that was substantial and long term. It accepted that the condition could cause rectal bleeding and had affected the claimant over a number of years. On day-to-day activities, the tribunal accepted that the claimant said he could be on the toilet for long periods, that the condition affected his decision making and the way he talked to people, and that he could no longer go to rock festivals. It held that those matters showed a substantial adverse effect on normal day-to-day activities and that section 6 was satisfied.

The tribunal also recorded that the issue of the respondent’s knowledge was not determined at this hearing and was to be dealt with at the final hearing. It further stated that the case management orders made after the hearing would apply to the claimant’s serrated polyposis disability.