Mr M Curtez v Department for Work and Pensions and 1 other — 2020

The preliminary hearing was listed to decide whether the Claimant was a disabled person during his employment. The Claimant relied on Coeliac disease and symptoms including abdominal pain; the Respondent accepted that Coeliac disease can be a disability but disputed disability at the material time. The Tribunal treated issues about the Respondent's knowledge as matters for any substantive hearing, not for this preliminary issue.

The Tribunal found that the Claimant had suffered from a physical impairment since around the end of October 2017 and that the impairment was long term by the date of dismissal. However, the medical records did not clearly confirm a diagnosis of Coeliac disease during employment, and the Tribunal noted that a diagnostic label was not essential if the symptoms met the statutory test.

The Claimant did not establish that the impairment had a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities. The Tribunal identified limited evidence about such activities, noted occupational health reports stating that normal daily activities were not significantly affected or could be carried out, and concluded that the burden of proof was not met. The disability element of the claim was dismissed.