Mr Y Mohamed v Abbatt Dual Management Limited — 2022

At the preliminary hearing on 9 December 2021, Employment Judge Emery considered whether Mr Y Mohamed was disabled by reason of migraines during his employment with Abbatt Dual Management Limited, whether his claim form included race discrimination allegations, whether amendment should be allowed, and whether any race claim had little or no reasonable prospect of success. The claimant had worked for about six months as a security officer and said he had been dismissed twice, while the respondent said the principal reason for dismissal was his conduct and that he had not been confirmed in post at the end of probation.

After discussion of the direct race discrimination issue, including the need to show less favourable treatment by comparison with an actual or hypothetical comparator, the claimant said he did not wish to continue with the race discrimination claim. He withdrew it, and the tribunal recorded all race discrimination claims as dismissed on withdrawal. The later hearing was listed to determine liability only, with remedy reserved if the claimant succeeded.

On disability, the respondent accepted that the claimant had a long-term condition of migraine headaches. Taking account of the limited medical records, the disability impact statement, and the claimant's oral evidence, the tribunal found that he was a disabled person by virtue of migraines during his employment. It accepted that the migraines were intermittent but long-term, unpredictable, and capable of having a substantial adverse effect on day-to-day activities, including the need to lie down in a quiet dark room, difficulty eating, sickness, dizziness, blurred vision, and difficulty communicating.

The tribunal also dealt with disclosure of a medical letter dated 26 June 2021, ordering production of the GP consultation record relating to that letter after the respondent questioned its validity. The judgment did not determine the merits of the disability discrimination claims at this stage; those issues were left for the final hearing listed in 2022.