Mr S Knuckey v London Fire Commissioner — 2024

The hearing was an open preliminary hearing to decide whether the claimant was disabled at the relevant time, 21 June 2022 to 17 January 2023, for the purposes of his disability discrimination complaints. The claimant relied on depression and anxiety and chronic pain. The unfair dismissal claim was part of the wider proceedings but was not determined in this judgment.

The tribunal found that the claimant had a physical impairment of chronic pain and a mental impairment of anxiety and depression during the relevant period. It also found that the medical evidence gave only a partial picture because relevant material had been redacted and no medical records had been provided for part of the relevant period, so it did not rely on those records without further supporting evidence.

For chronic pain, the tribunal found that the claimant had returned to full firefighting duties, continued roofing work, socialised, travelled, and used only over-the-counter pain medication when required. It was not satisfied that chronic pain adversely affected his ability to carry out normal day-to-day activities, and found that any such effect would not have been substantial.

For anxiety and depression, the tribunal accepted that symptoms intensified for a short period after suspension and that the claimant sought GP support and tried medication in July 2022. It found that by August 2022 his mood had improved, by October 2022 he was not taking medication or consulting his GP, and the evidence did not establish substantial and long-term adverse effects on normal day-to-day activities. The tribunal therefore held that the claimant was not disabled under section 6 Equality Act 2010 and dismissed the disability discrimination claims.