Mr A Morton v Royal Mail Group Limited — 2019

The claimant brought two disability discrimination claims against the respondents. This preliminary hearing was limited to deciding whether he was a disabled person under section 6 of the Equality Act 2010 at December 2017, when the alleged act of discrimination was said to have occurred.

The tribunal found that the claimant had left foot drop and moderate chronic musculo-mechanical backache. It found no evidence that the backache had an adverse effect on his ability to carry out normal day-to-day activities, but accepted that the left foot drop was long term and that the relevant assessment had to consider the effect of the impairment without the ankle/foot orthosis splint.

The tribunal accepted that without the splint the claimant would have difficulty walking outdoors, particularly on uneven ground, would be unable to carry groceries because of balance difficulties, and could not drive a manual car. It held that walking, shopping for groceries and driving were normal day-to-day activities, and that the effects were more than minor or trivial. The tribunal therefore concluded that the claimant was disabled by reason of left foot drop and directed that the case proceed to a final hearing.