Mr Ciepluch v DHL Services Limited — 2022

This was a preliminary hearing on whether the claimant was disabled for the purposes of the Equality Act 2010. The claimant alleged disability discrimination arising from workplace mask-wearing requirements, but the substantive allegations were not adjudicated in this judgment.

The tribunal found that the claimant had long-term physical impairments of asthma/lung impairment and rosacea. It accepted evidence of reduced lung function, long-standing asthma medication, breathing difficulty when symptomatic, and difficulty wearing a face covering, and concluded that the physical impairments had a substantial adverse effect on normal day-to-day activities at the material time.

The tribunal also found that the claimant had a long-term and recurring mental impairment of depression/anxiety. It accepted evidence that the condition substantially affected normal day-to-day activities and that, without medication and treatment, the effects would have been materially worse. The claimant was therefore found to be disabled at the material time by reason of both physical and mental impairments.