Mr A Reynolds v My CSP — 2021

The hearing on 5 March 2021 was a preliminary issue hearing on whether Mr Reynolds was a disabled person within section 6 of the Equality Act 2010 during the material period from July 2019 to December 2019. The tribunal accepted that he had a physical impairment affecting his right toe, with advanced osteoarthritis confirmed by the medical records and X-ray evidence, and a mental impairment in the form of anxiety and depression. It accepted his evidence that the toe pain was debilitating, disturbed sleep, caused fatigue, and affected sport and socialising, and that his mental health symptoms included low mood, panic attacks, poor sleep, tearfulness, nausea and chest pain.

The tribunal rejected the respondent's suggestion that his symptoms were exaggerated. Applying the statutory disability definition and the authorities it cited, including the 'more than minor or trivial' threshold and the long-term requirement in Schedule 1, it found that each impairment had a substantial adverse effect on day-to-day activities, that both had lasted more than 12 months, and that the depression in particular might recur. It therefore held that Mr Reynolds was disabled at the material time and said the disability claims could proceed to the final hearing listed for August 2021. No substantive liability or remedy was determined in this decision.