Mr Panesar, Counsel For the First v Respondent — 2018

This was a preliminary hearing to determine whether Mr Banham had a disability, identified as left elbow pain, during the relevant period from January to March 2018. The tribunal noted that he had worked as a factory operative from 1 August 2014 until dismissal on 23 March 2018 for capability reasons, had received steroid injections and surgery to his elbow, and had been assessed by occupational health on 29 January 2018 as fit for work with adjustments, phased return, and light duties.

The tribunal reviewed three reports from Consultant Orthopaedic Surgeon Mr Mann, together with the GP and physiotherapy records. It found that the medical evidence showed improvement after surgery, with the GP records referring to recovery, occasional pain, and restrictions that did not need to be extended beyond 6 February 2018. The tribunal also noted that the claimant had not attended a January 2018 physio appointment, had not rebooked, and had produced no receipts for pain medication despite saying he was taking constant pain relief.

Applying section 6 of the Equality Act 2010 and the questions it set out for disability, the tribunal accepted that the claimant had an impairment but concluded that it was neither substantial nor long term during the relevant period. It held that the focus had to be on normal day to day activities, not arduous factory tasks, and found that the evidence showed the claimant had recovered sufficiently by January 2018 to carry out normal day to day activities. The tribunal therefore held that he did not satisfy the section 6 definition of disability and dismissed his claims against both respondents.