EMPLOYMENT TRIBUNALS (SCOTLAND)5 Case No: 4105265/2020 (V) Hearing Held by Cloud Video Platform (CVP) on August 2021 Employment Judge - A Strain Mr A Formella v Represented by:15 Ms Kwiatowska ` Nor-Sea Foods Limited — 2021

The tribunal heard a disability discrimination claim brought by Mr A Formella against Nor-Sea Foods Limited. The sole issue was disability status. Mr Formella said he suffered from back pain, had undergone surgery for curvature of the spine about seven years earlier, and used pain relief medication. He worked as a General Operative in physically demanding duties, including lifting, pushing trolleys, and other heavy work in the High Care Department.

The tribunal accepted that the claimant’s back pain was an impairment for the purposes of section 6 of the Equality Act 2010. However, it was not satisfied that the impairment had a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities. The tribunal noted the lack of medical evidence, including no medical report and no disability impact statement, and found that the claimant had been able to do physically demanding work for the respondent for a significant period while managing symptoms with painkillers.

The tribunal did not accept the claimant’s evidence that his condition only deteriorated significantly in the two weeks before 8 June 2020 and continued in that way thereafter. It regarded that account as not credible or reliable, and said it was contradicted by the claimant’s own self-certification form dated 8 June 2020. On the evidence accepted, episodes of pain were sporadic and managed with medication, which did not amount to a substantial adverse effect.

Because the claimant did not meet the statutory definition of disability, the claim of disability discrimination was dismissed. No remedy was awarded.