Mr M Ghumra v Leicester City Council — 2020

The preliminary hearing determined whether the claimant was a disabled person within section 6 of the Equality Act 2010 at the relevant times: his dismissal on 21 May 2019 and the unsuccessful appeal on 6 January 2020. The claimant relied on musculoskeletal issues, anxiety and depression, and PTSD arising after a serious car accident in September 2018. The tribunal allowed an agreed amendment concerning the appeal decision, but the only substantive issue at this hearing was disability status.

For the musculoskeletal issues, the tribunal accepted on limited evidence that the claimant had an impairment described as a burning sensation from hips to ankles, but found insufficient evidence that it had a more than minor or trivial adverse effect on normal day-to-day activities. The tribunal did not treat the claimant's knee problems as part of the pleaded musculoskeletal impairment and found that evidence about medication did not alter the analysis.

For anxiety, depression and PTSD, the tribunal accepted that there was some evidence of mental impairment, particularly symptoms of severe anxiety and moderate depression in April 2019 and a brief GP reference to PTSD. However, it found the evidence did not establish a substantial adverse effect on normal day-to-day activities, including social interaction, driving, sport or working on property, nor did it establish the required long-term effect. Considering all impairments cumulatively, the claimant had not proved disability at either relevant date, so the disability discrimination complaints were dismissed. The unfair dismissal complaint remained unaffected and was to proceed separately.