In person For the v Respondent — 2023

The claimant, a warehouse operative, brought disability discrimination proceedings after ACAS Early Conciliation. The tribunal clarified the case as including direct discrimination, discrimination arising from disability, failure to make reasonable adjustments, and harassment related to disability. It also noted that, although the claim form had ticked unfair dismissal, the claimant later confirmed he had not been dismissed and there was no unfair dismissal claim before the tribunal.

On disability, the tribunal found that the ear condition did not meet the definition in s.6 EqA 2010. The medical evidence suggested separate infections rather than an underlying recurring condition, and there was no sufficient basis to find a substantial and long-term adverse effect. The tribunal accepted that the May 2021 arm injury caused a substantial adverse effect at the time, but found the effect was not likely to last 12 months and would likely resolve within months. It also accepted that the claimant was disabled by reason of anxiety and depression from 19 April 2021.

As a result, the s.15 allegations based on the arm condition were struck out. The reasonable adjustments allegations based on the ear condition and the arm condition were also struck out. The remaining reasonable adjustments claim based on anxiety and depression could proceed, and the harassment claim could proceed only in respect of that accepted disability.

The direct discrimination claim was not finally determined at this hearing. The tribunal said it had little reasonable prospect of success because no comparator had been identified and the claimant said the treatment was because of sickness absence, which the tribunal considered more naturally to fit s.15. A deposit order of £50 was made after the tribunal considered the claimant's means, noting that he was not currently fit for work, his wife was the family's sole income, he had debts of at least £10,000, and he owned a house with a mortgage. The case remained listed for a final hearing on 7 to 11 August 2023.