Mr F Martey v Peninsula Heights Management Company Ltd — 2022

At a preliminary hearing on 11 October 2022, Judge Brian Doyle sitting alone determined a preliminary disability issue in Mr F Martey's case against Peninsula Heights Management Company Ltd. The tribunal found that the claimant was a disabled person by reason of a physical impairment of Type 2 Diabetes Mellitus from no earlier than 20 February 2022 and continuing up to and including the date of termination of employment.

The tribunal held that the substantial and long-term adverse effects of the impairment were on the normal day-to-day activities of urination and, from 18 May 2022, vision. It was not able to find, on the balance of probabilities, a substantial and long-term adverse effect in relation to the day-to-day activity of being voluntarily or involuntarily awake or asleep.

The claimant's application under rule 62 for written reasons was granted. The judgment states that the claim would proceed to final hearing in accordance with earlier case management orders and listing. No substantive liability findings or monetary remedy were decided in this judgment.