Mr Q Atkinson v Rentokil Property Care Ltd HELD by: CVP — 2021

This was a preliminary hearing on whether Mr Q Atkinson had a disability within the meaning of section 6(1) Equality Act 2010 for the purposes of claims for failure to make reasonable adjustments and discrimination arising from disability. The tribunal accepted that he had physical impairments affecting both knees, arising from a March 2018 arthroscopy to the left knee and a late October 2018 twist injury to the right knee.

The tribunal reviewed the medical evidence and the claimant's oral evidence about pain, giving way, and effects on walking, driving, domestic chores, showering, dressing, sex life, and social activities. It found the left knee was described as in excellent condition six weeks after the arthroscopy, that the claimant experienced only mild symptoms between March and October 2018, and that later consultations in November 2018, January 2019, and February 2019 were generally positive, with no clear evidence of ongoing substantial limitation. It preferred the claimant's evidence over the Harris/Hancock report where there was conflict, but still found the overall picture was of gradual recovery.

The tribunal held that the impairments lasted for at least 12 months, but that this did not assist the claimant because the substantial adverse effect test was not met. It found that, on the facts, there were some periods of inability to carry out normal day-to-day activities, but not a substantial adverse effect. It therefore held that the claimant did not have a disability at the relevant times and dismissed both disability claims. The tribunal noted that the unfair dismissal claim remained live and was not determined at this hearing.