Mr J Yetman, Counsel For the v Respondent — 2024

This judgment determined a preliminary disability issue in proceedings brought by Mr David Chapman against R & G Drapers Haulage Limited. The claimant had suffered a traumatic workplace accident on 1 February 2023 and was dismissed on 24 March 2023. The respondent accepted that his visual impairment amounted to a disability, and the question for the tribunal was whether he was also disabled by hearing loss.

The tribunal accepted that the claimant had significant hearing loss during the material period. Although the early medical focus was on possible wax build-up, the GP notes and later consultant evidence recorded reduced hearing, and a Specsavers hearing test in July 2023 found about 50% hearing in the right ear and virtually nil in the left. The tribunal concluded that the true condition was traumatic hearing loss caused by the accident, and that it was permanent and likely to last for more than 12 months. In doing so, it referred to the meaning of "likely" as meaning that something could well happen.

The tribunal also found that the hearing loss had a substantial adverse effect on normal day-to-day activities at the material time. It accepted evidence of difficulty with conversation, telephone use, noisy or crowded places, being outdoors alone, hearing traffic or people approaching, and interaction with grandchildren. The tribunal noted that the claimant was using hearing aids by the time of the hearing, but those aids had to be disregarded for the statutory test. It therefore held that the claimant was disabled by hearing loss as well as by visual impairment.