Mr O Petrov v Amazon UK Services Limited — 2020

The preliminary hearing determined whether the claimant was disabled within the meaning of section 6 and Schedule 1 of the Equality Act 2010 at the material time. The claimant relied on lower back pain and pain in the buttocks. The respondent conceded an impairment in relation to lower back pain but disputed that it was long term or had a substantial adverse effect on normal day-to-day activities, and did not concede an impairment relating to buttock pain.

The tribunal considered the claimant's GP records, private healthcare evidence, and occupational health evidence. It found that medication had been prescribed twice, that the claimant had returned to work in January 2018 with a temporary lifting adjustment, and that by February 2018 he was found fit for work with no adjustments required. The tribunal did not accept the claimant's account of the extent of the effect on his day-to-day activities, finding it inconsistent with the medical evidence and his ability to undertake his work duties.

The tribunal concluded that the lower back pain was not long term as defined, and that there was no medical evidence establishing an impairment by way of pain in the buttocks. It therefore found that the claimant did not satisfy the statutory definition of disability and dismissed the entire claim, described as the only complaint in the proceedings.