Mr Sani v Imperial College Healthcare NHS Trust Heard at London Central (by CVP) — 2025

At a reserved hearing before Employment Judge Shukla sitting alone on 25 February 2025, the tribunal determined a preliminary disability-status issue. It found that Mr Sani was a disabled person on 4 March 2024 because he had a physical impairment consisting of gastroesophageal reflux disease causing chest pain, together with numbness and intermittent pain in his left arm.

The tribunal accepted that the chest pain had started in August 2022, had continued beyond the relevant date, and that Mr Sani remained on medication for it. It also accepted that the left arm numbness existed at the relevant date, was referred to repeatedly in GP records and fit notes, and was likely to continue for at least 12 months. The respondent’s case that there was no physical impairment, or that any effects were trivial, was rejected.

On substantial adverse effect, the tribunal accepted Mr Sani’s evidence that the chest pain was continuous and exertional, was worsened by lifting, and made it difficult for him to lift even moderate weights, walk, and go up and down steps. It held that the effect was more than minor or trivial, including when the chest pain and arm numbness were considered together.

The tribunal noted later records referring to back pain and mobility difficulties, but said those later difficulties were likely to have been caused at least in part by back problems rather than by GORD, chest pain or arm numbness. The issue it had been asked to decide was whether Mr Sani was disabled on the relevant date by reason of those conditions, and it answered that question in the affirmative. No final merits decision on any substantive discrimination complaint, and no monetary award, was made in this judgment.