Mr. Harris, counsel for v Respondent — 2023

The preliminary hearing was held to decide whether the claimant was a disabled person within section 6 of the Equality Act 2010 at the material time, 21 July 2022, when the respondent withdrew its job offer. The tribunal recorded the chronology that the claimant applied for the PE teacher role on 13 May 2022, received an offer on 26 May 2022, resigned from his existing job on 27 May 2022, attended induction on 6 July 2022, saw Occupational Health on 11 July 2022, and then received the withdrawal letter dated 21 July 2022.

The tribunal accepted that the claimant had a physical impairment, namely proctitis as part of inflammatory bowel disease. It found that when he was not in a flare-up there was no substantial adverse effect on day-to-day activities, noting evidence that he could coach children and students, camp for Duke of Edinburgh events, and use the gym. During flare-ups, however, he had to go to the toilet 15 to 20 times a day for 15 to 20 minutes and said he could not go out on those days; that evidence was supported by his doctor and was not challenged in cross-examination.

The tribunal found that the claimant was receiving daily medical treatment from May 2020, including Pentasa and later Predfoam, together with lifestyle measures. It held that the flare-ups were likely to recur even with treatment, relying on the history of repeated flare-ups in 2020, 2021 and 2022 and the GP evidence that the condition could flare up at any time and would continue to be managed as flare-ups arose. Applying section 6, Schedule 1 paragraph 2, Schedule 1 paragraph 5, and the authorities cited in the reasons, the tribunal concluded that the claimant met the definition of a disabled person. No finding was made on the respondent's knowledge, which was left to the final hearing.