Mr Z Rahmann v Salim Algunaidi and 1 other — 2023

This reserved judgment determined a preliminary issue under section 6 of the Equality Act 2010. The claimant said he was disabled by dyslexia and costochondritis during his employment with Capita from July 2021 to May 2022. The tribunal applied the statutory definition of disability and the four questions identified in the reasons: impairment, adverse effect, substantial effect, and long-term effect, with reference to the Equality Act guidance and the authorities cited in the judgment.

On costochondritis, the tribunal preferred the contemporaneous medical and occupational health records and found that symptoms began in early August 2021, not April 2021. It accepted that the claimant was bed-bound in pain for a short period in August 2021, but after that the effects were mainly chest pain that was relieved by postural breaks and physiotherapy. The tribunal held that the adverse effect was substantial only for a brief period, and that there was no evidence the condition had lasted, was likely to last, 12 months or was likely to recur. It therefore found that the claimant was not disabled by reason of costochondritis.

On learning difficulties, the tribunal found that the claimant had learning difficulties and specific language disorder, although it did not find that dyslexia itself had been proved on the evidence he produced. It accepted that those learning difficulties affected his reading and writing, and that the effects were more than minor or trivial and continued throughout his life. The tribunal therefore found that the claimant was a disabled person at the material time by reason of learning difficulties. No remedy was determined in this judgment because it resolved disability status only.