Mr H Tariq First Respondents The Governing Body Of The Thomas Deacon Academy Second Respondents Thomas Deacon Education Trust v Mr Frew – Counsel – on the 5 September 2023 Mr Ohringer - Counsel - on the 28 November 2023 — 2024

This was a preliminary hearing on disability only. The Claimant worked for the Respondents from 3 January 2021 until his dismissal with effect from 1 February 2022. He relied on disability discrimination claims under section 15 EqA 2010 and sections 20/21 EqA 2010. The tribunal found that, following a road traffic accident on 11 April 2021, he suffered PTSD for some time and that the physical symptoms he described formed part of that overall impairment rather than a separate disability. It also found that the PTSD had a substantial adverse effect on his day-to-day activities for some time after the accident.

The tribunal accepted that the Claimant had treatment and support, including EMDR therapy, and that he described pain, sleep problems, anxiety, nightmares, reduced confidence, and difficulty with ordinary activities. It found, however, that the evidence at the relevant time was patchy and that the musculoskeletal symptoms were not established as a separate disability. The tribunal considered the occupational health reports, GP records, and the later medico-legal report, but noted the absence of an expert report addressing prognosis at the material time.

The critical issue was the long-term element of section 6 EqA 2010. The tribunal held that by 4 January 2022 the Claimant's symptoms were improving and that by the date of dismissal and appeal, 1 and 2 February 2022, the PTSD had not lasted 12 months and was not shown to be likely to last 12 months. Relying on the evidence before it and the authorities it cited on material time and prognosis, the tribunal concluded that the Claimant was not disabled within the meaning of section 6 EqA at the material time. It therefore dismissed both the discrimination arising from disability claim and the reasonable adjustments claim.