Mr D Theventhiran v Datrix Limited — 2019

This was a preliminary hearing to decide whether Mr D Theventhiran was a disabled person within the meaning of section 6 Equality Act 2010 because of a visual impairment said to arise from a scar on the cornea of his left eye. The respondent accepted that he had a physical impairment affecting normal day-to-day activities, but disputed that the effect was substantial and long term.

The tribunal preferred the contemporaneous medical records to the claimant's later evidence. It found that the eye condition improved with treatment, that by 4 April 2018 the claimant was described as subjectively better with only a small epithelial defect remaining, that he was symptomatically better by 12 April 2018, that the eye was healing nicely by 26 April 2018, and that by 7 June 2018 it had healed, treatment had ended, and the remaining paracentral scar was not visually significant.

The tribunal did not accept that the claimant had shown a continuing significant effect, or that his evidence of blurred vision and other difficulties was supported by the hospital or GP records. It found that the claimant had overstated his symptoms, that there was no evidence of recurrence after treatment ended, and that the condition lasted at most about seven months, which was short of the 12-month long-term threshold. It also noted that, even if there were any residual visual impairment, the evidence suggested it could be addressed by an optician and glasses. The tribunal therefore held that Mr Theventhiran was not disabled within the meaning of the Act.