Mr P Ennis v DPD Group UK Limited — 2020

The claimant was employed by the respondent as a delivery driver and brought claims originally including disability discrimination and age discrimination. The age discrimination claim had previously been dismissed on withdrawal. The remaining claims were identified as discrimination arising from disability and failure to make reasonable adjustments, with the preliminary issue being whether the claimant was disabled within Section 6 Equality Act 2010 by reason of a small umbilical hernia.

The tribunal considered the claimant's evidence, medical reports, and written submissions. It found that the hernia had been present since birth, was tiny, had not required surgery or treatment, and had not led the claimant to seek GP advice, treatment, or painkillers in the years after it was identified. The tribunal also noted medical evidence of other health matters, including lumbar spine issues and general fitness, which were likely to account for restrictions reported by the claimant.

The tribunal concluded that the claimant had not established that the umbilical hernia amounted to a physical impairment or that it had any effect on his normal day-to-day activities, including lifting weights. It therefore found that he did not have a disability as defined by Section 6 Equality Act 2010, dismissed the disability discrimination claim, and cancelled the final hearing listed for September 2020.