Mr K. Aderibigbe-Suckoo v Dexters Limited — 2023

This was a preliminary disability decision heard at Croydon by CVP on 11 August 2023 before Employment Judge Rea sitting alone. The tribunal found that the claimant had a physical impairment causing back pain, that the impairment had been present since December 2021 and was long-term by the time of his resignation in November 2022, and that it had more than a trivial effect on day-to-day activities such as getting ready for work. It accepted that later evidence about the claimant's March 2023 performance at the O2 and his subsequent full-time work suggested improvement, but held that those later matters did not determine whether he was disabled at the relevant time.

The tribunal noted concerns about the credibility of some of the claimant's evidence about the extent of his pain and his use of a TENS machine, but concluded that the medical evidence still showed a substantial adverse effect at the relevant time. It therefore held that the claimant was a disabled person for section 6 Equality Act 2010 purposes and that his disability discrimination complaints could proceed.

The tribunal refused the claimant's application to add indirect disability discrimination, holding that he had no reasonable prospects of showing that the alleged conduct formed part of a continuing act or that it would be just and equitable to extend time. It allowed the harassment amendment because it was treated as a relabelling exercise rather than a new claim. The claimant's age and race discrimination complaints were dismissed upon withdrawal. No monetary award was made in this judgment.