In person. For the v Respondent — 2022

The tribunal heard a preliminary issue on whether Mr S Gasca was a disabled person within the meaning of s.6 Equality Act 2010 at the material time. He relied on two conditions: post-traumatic stress disorder or other mental ill-health following a motorbike accident on 16 April 2019, and physical impairment arising from the orthopaedic injuries from that accident.

On the mental health case, the tribunal accepted that the claimant had experienced night tremors, nightmares and flashbacks after the accident, and that he had been prescribed medication which he later stopped because of side effects. However, the tribunal found that after May/June 2019 there was no ongoing reference to medical intervention, treatment or complaint of ongoing mental health issues, and that there was no specialist PTSD evidence. It was not satisfied that any mental health condition lasted 12 months or was likely to recur.

On the physical injury evidence, the tribunal accepted that Mr Gasca had not made a full recovery and that he remained unable to weightlift, had discomfort after long periods of driving, and had some interrupted sleep because of hip pain or discomfort. It found those matters did not amount to a material adverse effect on normal day-to-day activities, and that the activities identified such as weightlifting or going to the gym were not normal day-to-day activities for the purposes of the Act. The tribunal also found that waking once or twice per night was not a substantial impact in the circumstances.

The tribunal therefore held that Mr Gasca was not disabled within the meaning of s.6 Equality Act 2010 and dismissed the disability discrimination complaint. No remedy was awarded on the preliminary issue.