Mr Denman, Lay Representative For the v Respondent — 2021

This judgment decided a preliminary issue only. The tribunal found that Mrs Pitman was at all material times a disabled person within the meaning of section 6 of the Equality Act 2010. The decision was based on her evidence, an impact statement, medical records, and an Occupational Health report obtained by the respondent on 21 July 2021.

The tribunal accepted that the claimant suffered from chronic pain and mobility limitations arising from a deep vein thrombosis in the left leg, post-thrombotic changes and swelling, chronic left foot pain following a 2019 fracture, right foot pain from compensation, and costochondritis. It also recorded that she suffered from PTSD, depression and anxiety, with the pain affecting her mental state and creating a "vicious circle" that hampered treatment of her mental health conditions.

The tribunal found that these conditions had a substantial adverse effect on normal day to day activities, including shopping, preparing food, showering, getting dressed, leaving the house, driving, sleep, memory and concentration. The claimant was not cross-examined and her evidence was not challenged. The tribunal therefore concluded that she met the statutory definition of disability under section 6 Equality Act 2010.

No findings were made in this judgment on the underlying discrimination complaints or on any remedy. The judgment also records the tribunal's concern that, in light of the medical evidence and occupational health report, the respondent was not in a position to give proper instructions that would have avoided the need for the hearing.