Mr Anwar Abushama v Extons Foods Limited & and 1 other — 2024

This hearing determined only the preliminary issue of whether Mr Abushama had a disability, namely the effects of cervical spondylosis, between 28 July 2022 and 16 August 2022. The tribunal accepted that he had a physical impairment, but it said his evidence was unreliable on key points and that it placed particular weight on contemporaneous GP and hospital records.

The contemporaneous records showed that the original complaint was a back and leg injury after heavy lifting at work, that the hospital admission on 4 August 2022 was for shortness of breath, wheezing and cough, and that the discharge summary recorded he was independently mobile, including on stairs. The tribunal noted that the first recorded neck complaint was not until 18 October 2022, and it rejected the claimant's account that his later evidence of neck-related limitation matched the position at the relevant time.

On that evidence, the tribunal found that cervical spondylosis did not have a substantial adverse effect on day-to-day activities during the relevant period. It also found there was no evidence that any substantial adverse effect was likely to last 12 months or more as at 16 August 2022. The tribunal therefore concluded that the claimant was not disabled for Equality Act purposes within the period under consideration.