ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4109218/2021 (A) Preliminary Hearing by Cloud Video Platform on January 2022 Employment Judge: M A Macleod Mr H Drummond v Commissioners for Her Majesty’s Revenue — 2022

At a preliminary hearing on 18 January 2022, the tribunal determined whether Mr H Drummond was a disabled person within section 6 of the Equality Act 2010 at the material time. The issue turned on evidence about intermittent syncope and pre-syncope over a period of years, including medical letters from 2017 to 2020, and the absence of any confirmed underlying diagnosis notwithstanding continuing investigations.

The tribunal accepted that the claimant had a physical impairment consisting of syncope and pre-syncope. It found that the condition adversely affected normal day-to-day activities, including driving, travelling, conversations, standing and walking, and concentration. The tribunal treated driving as a normal day-to-day activity and took account of the claimant's DVLA licence suspension and the practical consequences of his inability to drive.

Applying section 6 of the Equality Act 2010, Schedule 1, and the 2011 statutory Guidance, the tribunal held that the effects were substantial and long-term because the episodes had recurred since at least 2017 and were likely to recur. It noted that the lack of a formal diagnosis did not prevent a finding of disability. The tribunal therefore concluded that Mr Drummond was a disabled person within the meaning of section 6 and that the case should proceed accordingly.