Mr. G. Mason v Morrison Data Services Limited — 2024

At the preliminary hearing, the tribunal accepted that the claimant had an inguinal hernia which had been repaired by surgery on 18 April 2023, and that this was a physical impairment. It did not, however, find on the evidence that the impairment had a substantial adverse effect on the claimant's ability to carry out day-to-day activities. The tribunal noted that the claimant's written statements contained very limited evidence on this point, and his oral explanation added only that he had to be careful with heavy shopping.

The tribunal also relied on the medical material in the bundle. The fit notes said the claimant may be fit for work with adjustments, rather than unfit for work, and the GP letter dated 25 January 2024 referred to amended duties and avoiding heavy lifting, but did not describe a substantial adverse effect on day-to-day activities. The tribunal found no evidence that the claimant's self-care for his ongoing medical conditions prevented him undertaking those activities, and no evidence about any effect of the painkillers he was taking.

On duration, the tribunal found that the hernia had not lasted, and was not likely to last, at least 12 months. Although recurrence was possible, the tribunal did not find that recurrence was likely on the evidence before it. For those reasons, the tribunal held that the claimant was not disabled within section 6 Equality Act 2010 and dismissed the disability discrimination complaint. The remaining claim was listed to proceed to a final hearing.