Mr Roger Barker v Represented by: Mr R McNeil - Solicitor Tayside Public Transport Co Ltd t/a Xplore Dundee — 2026

This was an open preliminary hearing to determine whether Mr Roger Barker was a disabled person at the relevant time for his disability discrimination complaints. The tribunal found that he had the physical impairment of atrial fibrillation. It accepted that he had been diagnosed on 16 September 2024, that he was taking prescribed medication, and that the medication caused fatigue.

The tribunal held that the fatigue materially affected normal day-to-day activities, including household chores, walking the dog and DIY. It rejected the respondent's submission that the side effects of medication should be left out of account, and said that the tribunal must consider both the actual effects of the impairment with treatment and the deduced effects if treatment were to stop. It also accepted that atrial fibrillation was a permanent condition managed by medication.

On long-term effect, the tribunal applied the statutory definition and the approach in SCA Packaging Ltd v Boyle. It found that, judged at the relevant time, it could well have been the case that Mr Barker would remain on medication for at least 12 months, and indeed for the rest of his life, and that the medication could well continue to have a substantial adverse effect on his day-to-day activities. The tribunal therefore concluded that he was disabled by reason of atrial fibrillation from 29 January 2025 to 17 April 2025. No financial remedy was addressed in this decision.