Mr C Maye v Reading Borough Council — 2019

This was a public preliminary hearing to decide whether Mr C Maye was disabled within the meaning of section 6 of the Equality Act 2010 by reason of Hand-Arm Vibration Syndrome. The respondent had already conceded disability by reference to six other conditions, but not HAVS. The tribunal did not determine the merits of the pleaded disability discrimination, unfair dismissal or arrears of pay complaints.

The tribunal found that the claimant had worked in the respondent's Highways department from 7 January 1987 and used vibrating tools and machinery. He was diagnosed with mild HAVS by Dr D'Souza on 16 January 2012. After that diagnosis he was moved in about March 2012 to drainage and sewers work which did not require use of vibrating tools. His HAVS symptoms later settled apart from continuing mild difficulties opening some bottles and tins, which the tribunal found were more likely than not symptoms of HAVS.

The tribunal held that HAVS was a physical impairment with fluctuating or recurring effects. Opening bottles and tins was a normal day-to-day activity, but the claimant's difficulty with that activity was not in itself substantial. However, HAVS was treated as substantial because it was a progressive condition and could well result in a substantial adverse effect in the future.

The tribunal also found that the relevant work-related activity was broadly 'digging', not simply 'using vibrating equipment'. Digging was held to be a normal day-to-day activity in the context of work. By reason of HAVS and medical advice, the respondent decided that the claimant should no longer use vibrating tools, and that inability substantially hindered his participation in working life because his skills were in manual work typically involving tools and machinery that vibrated. The effect began in March 2012 and continued at least until Dr Cordell's advice on 4 October 2017, so it was long-term. The tribunal concluded that the claimant was disabled for the purpose of section 6 by virtue of HAVS at the material times.