In person For v Respondent — 2019

This was an open preliminary hearing on whether Mr Afari was a disabled person within s.6 Equality Act 2010 by reason of hypertension. The tribunal accepted his evidence and the medical material before it, including the August 2018 diagnosis records, the April 2019 disability impact statement, the May 2019 doctor’s report, and the respondent’s occupational health report from October 2018.

The tribunal found that the hypertension was severe and that there was sufficient evidence it was likely to last more than 12 months from the date of diagnosis on 17 August 2018. It applied the statutory long-term test in Schedule 1, Part 1, paragraph 2 Equality Act 2010, referred to Goodwin v The Patent Office, and applied the SCA Packaging Ltd v Boyle formulation that the condition could well last more than 12 months. On that basis, the statutory definition of disability was met from August 2018.

The tribunal rejected the submission that there was insufficient medical evidence about the long-term nature of the condition, and it also rejected the argument that the symptoms relied on were too uncertain because some may have arisen from depression rather than hypertension. It held that the relevant question was whether hypertension itself met the statutory test, including the likely effects if medication were not taken. The judgment recorded that questions about the respondent’s knowledge of disability would remain for the final hearing.