Mr D Bennett v DD Data Exports Limited — 2020

This was a preliminary hearing limited to whether Mr Bennett's right-leg injury met the definition of disability under section 6 of the Equality Act 2010. The tribunal accepted that the injury to his right leg was a physical impairment. It considered evidence from Mr Bennett and medical correspondence describing longstanding pain, treatment over a number of years, and limitation in walking.

Applying section 6, section 212(1), Schedule 1 paragraph 2(1) and paragraph 5 of the Equality Act 2010, together with the statutory Guidance, the tribunal focused on the effect of the impairment on day-to-day activities. It found that the main adverse effect was on Mr Bennett's ability to walk. On the evidence, he could only walk about 200 yards before needing to stop, click his knee and rest. That effect was more than minor or trivial and had lasted, or was likely to last, for at least 12 months.

The tribunal therefore held that Mr Bennett was a disabled person within the meaning of the Equality Act 2010 throughout his employment with the Respondent. The judgment did not determine liability for the underlying disability discrimination complaint or any remedy, and it also made case management orders for the full hearing.