Mr E McGrath v Lifeways Community Care Limited — 2022

The claimant alleged that the respondent breached the duty to make reasonable adjustments by requiring him to wear a face mask on 4 September 2020. He had initially relied on PTSD, anxiety and asthma, but withdrew the assertion that PTSD and anxiety were disabilities at the material date. The preliminary issue was whether he was disabled for the purposes of Equality Act 2010 section 6.

The tribunal accepted that the claimant had breathlessness from at least September 2018 and that, as at 4 September 2020, he had a long-term physical impairment, namely mild asthma causing breathlessness. It did not find a formal diagnosis of COPD, and found only an indication in the medical records that breathlessness could be suggestive of that condition.

The tribunal found that the breathlessness did not have a substantial adverse effect on the claimant's ability to carry out normal day-to-day activities. It accepted that he had difficulty walking upstairs, but found he was not precluded from doing so and could carry out activities including using stairs at work, assisting clients with laundry and cleaning, and walking with clients to local shops. The tribunal concluded that he was not disabled under Equality Act 2010 section 6 at the material date.