Mr J Whyte v North Lanarkshire Properties LLP — 2024

This was a preliminary issue hearing in a case described as involving disability discrimination and non-payment of wages. The tribunal heard evidence only from Mr Whyte; there were no respondent witnesses. It applied the section 6 Equality Act 2010 definition of disability and the four-stage approach in Goodwin, with reference to the evidential guidance in Veitch and Igweike and the statutory guidance on disability.

The tribunal accepted that Mr Whyte had a physical impairment arising from chronic obstructive pulmonary disease. It found that he had been treated for chest infections and coughing from August 2024, was diagnosed with COPD on 16 December 2024, and had been absent from work from 12 August 2024 until his employment ended on 13 February 2025. The evidence accepted by the tribunal included breathlessness, light-headedness, coughing, disturbed sleep, a blackout at the respondent's offices on 12 September 2024, difficulty climbing stairs, lifting items, and dressing, and reliance on his partner for shopping.

The tribunal held that the impairment had a substantial adverse effect on day-to-day activities because the difficulties with stairs, lifting, and dressing were more than minor or trivial. It also held that the effect was long term, finding that COPD is a lifelong and progressive condition and that, on the evidence available at the relevant time, the substantial adverse effect was likely to last for at least 12 months from onset. The tribunal therefore found that Mr Whyte was disabled for the purposes of the Equality Act 2010 and said the claim could proceed. It also stated that its findings related only to disability status and would not bind a future tribunal dealing with the merits or respondent knowledge.