E.T. Z (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4110765/2021 (V)5 Held at Aberdeen on November 2022 Employment Judge N M Hosie Mr J Sim v Limited (in Liquidation) — 2022

The judgment concerned a preliminary issue in complaints of disability discrimination: whether the claimant was disabled under s.6 of the Equality Act 2010. The respondent accepted that the claimant had a long-term physical impairment, Pectus Excavatum, but disputed whether it had a substantial adverse effect on his ability to carry out normal day-to-day activities.

The Tribunal accepted the claimant's evidence that he became breathless when climbing stairs and when walking more than about a mile, and that he had given up football and other sports because of his condition. The Tribunal also accepted the respondent's evidence that its General Manager had not observed breathlessness or received complaints about it, and noted that the medical reports were based principally on information from the claimant.

Applying the statutory definition, guidance, the EHRC Code and cited case law, the Tribunal found that the claimant's impairment had an adverse effect on normal day-to-day activities and that the effect was more than minor or trivial. It held that the claimant was disabled within the meaning of s.6 Equality Act 2010 and that the Tribunal had jurisdiction to consider the claim.