In person For the v Respondent — 2021

The claim form presented on 28 April 2020 alleged direct disability discrimination, discrimination arising in consequence of disability, failure to make reasonable adjustments, harassment, victimisation, detriments and race discrimination against seven respondents. The combined response denied the claims. On 26 March 2021 the respondents admitted that the claimant's lower back and right groin pain were disabilities under the Equality Act. The hearing on 30 March 2021 before Employment Judge Bedeau was directed to the preliminary issue of whether the claimant was, at material times, a disabled person within section 6 and Schedule 1 of the Equality Act 2010.

The tribunal heard evidence from the claimant and considered medical records, occupational health evidence and later correspondence. It found that after the unprovoked assault on 15 May 2016 he suffered nightmares, forgetfulness, short-term memory problems, occasional suicidal thoughts, difficulty sitting for long periods, and sleep problems. The tribunal accepted evidence that he was diagnosed with PTSD on 20 July 2016, that the diagnosis persisted in later records, and that his short-term memory was affected in a way that interfered with everyday functioning, including remembering tasks, organising thoughts and focusing.

Applying section 6, Schedule 1 and the statutory guidance on substantial adverse effect, together with the authorities cited in the judgment, the tribunal concluded that the claimant had suffered from PTSD for at least five years and that the condition had a long-term and substantial adverse effect on his normal day-to-day activities. It therefore held that he had been a disabled person suffering from PTSD since 20 July 2016. Because the underlying claims and issues were not clearly identified, the tribunal directed a further preliminary hearing on 26 July 2021 to clarify the claims, consider amendment and response issues, and listed a seven-day full merits hearing for 21 to 29 March 2022.