Mrs J Elliott v Royal Mail Group Limited — 2023

The preliminary issue was whether Mrs Elliott was a disabled person by reason of a left knee injury within the meaning of section 6(2) of the Equality Act 2010 on 27 January 2023. The tribunal considered limited evidence, including Department for Work and Pensions letters, an impact statement, and a later occupational health report only insofar as it recorded matters predating 28 January 2023.

The tribunal accepted that the claimant had a physical impairment from the knee injury at the relevant time. It found, however, that the evidence about adverse effects on normal day-to-day activities was thin and did not sufficiently establish that any adverse effect was substantial. It also concluded, in the alternative, that the evidence did not show as at 27 January 2023 that any substantial adverse effect was likely to last at least 12 months or for the rest of the claimant's life.

Accordingly, the tribunal held that Mrs Elliott was not a disabled person within the meaning of the Equality Act 2010 by reference to the effects associated with her left knee injury, and dismissed the disability discrimination claims. The wages claim was mentioned as part of the proceedings but was not determined in this judgment.