Mr Paul Pearce-Couch v E-zec Medical Transport Services Ltd — 2021

The sole issue before Employment Judge Cassel was whether Mr Paul Pearce-Couch was a disabled person under section 6 of the Equality Act 2010 when he commenced employment with E-Zec Medical Transport Services Ltd on 25 November 2019. The tribunal heard evidence from the claimant and considered medical notes, a physiotherapy assessment, a GP letter, a patient summary, and a report prepared by the respondent's Medical Director.

The tribunal accepted that the claimant had an impairment. It referred to evidence of chronic low back pain, narrowing of the spinal canal described by the claimant and accepted as spinal stenosis, and diabetic neuropathy in his feet. It placed considerable weight on the 22 January 2020 patient summary, accepted the claimant's evidence that his diabetes had become increasingly difficult to control, and accepted his account of difficulty walking, need for a walking stick, and problems with lifting, dressing, bathing, and getting out of bed.

The tribunal gave limited weight to the respondent's medical report because Dr Smallwood had not met or examined the claimant and had not set out his expertise. It rejected the respondent's submissions that the claimant was exaggerating or misleading. Applying the Equality Act 2010 definition of disability, including the guidance at paragraph B3 and Schedule 1 Part 1 paragraph 5, the tribunal found that the impairment had a substantial and long-term adverse effect and that the claimant was disabled at the relevant time. The judgment records only this preliminary issue; the Equality Act claims were directed to proceed to a substantive hearing and no monetary remedy was determined.