In person For the v Respondent — 2019

At an open preliminary hearing on 18 January 2021, Employment Judge Alliott determined the single issue of whether Mr Iqbal was disabled within the meaning of s.6 Equality Act 2010. The claimant had been employed by the respondent from 15 October 2014 as a dual fuel smart metering engineer. The tribunal recorded that he injured his back at work on 2 May 2017, and an MRI scan on 13 May 2017 showed a prolapsed intervertebral disc at L5/S1.

The tribunal relied on the medical evidence and occupational health reports describing pain, numbness, restricted movement, difficulty bending, sitting, walking, and working in confined spaces. It found that from May 2017 the claimant had a physical impairment that had a substantial adverse effect on normal day-to-day activities. Although a spinal injection in November 2017 improved his symptoms, the tribunal applied the Equality Act treatment provisions and held that, but for treatment, the adverse effects would likely have continued.

The tribunal also found that the long-term requirement was satisfied because the effects had lasted at least 12 months and/or were likely to recur. In any event, the claimant’s condition recurred in January 2019, when he again experienced pain and numbness, required strong pain relief, and was later assessed for surgery. The judgment states that an operation was recommended on 24 September 2019, and the tribunal accepted that the claimant was disabled within s.6 Equality Act 2010 by reason of the prolapsed disc from May 2017 at all relevant times.