Mrs U Pearson v Voyage 1 Limited — 2022

The judgment was a preliminary hearing decision on whether the claimant had a disability within section 6(1) Equality Act 2010. The impairments considered were an eye impairment following an injury on 2 January 2021 and a spine impairment involving the neck and lower back. The respondent admitted the eye impairment but disputed whether its effects were substantial and long-term; for the spine impairment, the respondent accepted long-term effects if substantial effects were proved.

The tribunal reviewed medical evidence and other evidence about the asserted effects on day-to-day activities. For the eye impairment, it found the pre-termination medical evidence showed minor injury, with no sufficient evidence at the relevant time that the effects were likely to last at least 12 months or recur. For the spine impairment, it found the early GP evidence and MRI findings did not show effects more than minor or trivial, and it considered the claimant's work activities and other evidence inconsistent with substantial impairment.

The tribunal found that neither the eye impairment nor the spine impairment amounted to a disability under section 6(1) Equality Act 2010. As the only claims were disability claims, the substantive claims for direct disability discrimination and discrimination arising from disability were dismissed.