Mr E Lynch (union representative) For the v Respondent — 2021

This was a preliminary hearing in Mr S Ali's case against London Underground Limited. The tribunal recorded that his unfair dismissal, notice pay and unauthorised deduction from wages claims were dismissed on withdrawal. The remaining disability discrimination complaints were a section 15 claim about dismissal and sections 20 and 21 claims about redeployment and remote participation, with the material period running from early September to early November 2019.

The tribunal heard from Mr Ali and considered GP, occupational health and consultant neurologist records together with his disability impact statement. It did not accept that the November 2018 occupational health questionnaire fatally undermined his credibility. It found that eye symptoms and migraines, mental health conditions, and shoulder problems were not shown to amount to a disability at the material times, either because the evidence did not establish a substantial adverse effect or because the effects were not long-term.

The tribunal accepted that Mr Ali's back and leg conditions were a physical impairment and found that they caused a substantial adverse effect on normal day-to-day activities, including dressing, standing, sitting, walking and using public transport. It found those effects had lasted more than 12 months and were likely to last at least 12 months by early September 2019, so he was disabled within section 6 of the Equality Act 2010 for the purposes of the disability discrimination claims. No remedy was awarded or determined at this hearing.