Claimant v STEF Langdons Limited
Outcome
Individual claims
This preliminary hearing only addressed disability status. The constructive unfair dismissal claim will be determined at final hearing.
This preliminary hearing only addressed disability status. The whistleblowing claim will be determined at final hearing.
Tribunal found claimant was disabled under section 6 Equality Act 2010 only from October 2022 to December 2023 due to pus infection in groin area. Not disabled due to diverticulosis, haemorrhoids, colonic polyp or diarrhoea during any relevant period. This significantly limits the period for any disability discrimination claim.
Section 15 discrimination arising from disability claim can only proceed for October 2022 to December 2023 period when claimant was found to be disabled. Medical evidence did not support longer-term disability.
Reasonable adjustments claim can only succeed for October 2022 to December 2023 when claimant had qualifying disability (groin infection). Tribunal rejected disability status for bowel conditions throughout employment.
Harassment claim related to disability can only proceed for October 2022 to December 2023 period. Tribunal found claimant's evidence regarding impact of bowel conditions lacked credibility and medical support.
This preliminary hearing only addressed disability status. The race discrimination claim will be determined at final hearing.
Flexible working claim was brought but not addressed at this preliminary hearing on disability status. Will be determined at final hearing.
Facts
Claimant, an HGV driver employed from May 2022 to March 2025, claimed disability discrimination based on two conditions: bowel issues (diverticulosis, haemorrhoids, colonic polyp, diarrhoea) and a recurring pus infection from a groin scar from 2002 hernia surgery. The groin infection caused discharge from October 2022, requiring regular cleaning, clothing changes, and antibiotics. Medical records showed treatment until December 2023 when it resolved. The bowel conditions were only diagnosed in October 2024 (diverticulosis) and March 2025 (full diagnosis), despite claimant alleging severe ongoing diarrhoea from start of employment.
Decision
Tribunal found claimant was disabled only from October 2022 to December 2023 due to groin infection, which had substantial adverse effect on daily activities including sex life. Rejected disability status for bowel conditions throughout employment due to lack of credible medical evidence, contradictions in claimant's testimony, and medical records showing no bowel symptoms. Tribunal found claimant exaggerated impact and lacked credibility. Groin infection resolved by December 2023 with no evidence it was likely to recur.
Practical note
Disability status requires contemporaneous medical evidence and credible testimony about substantial adverse effects; exaggeration, inconsistencies, and lack of medical corroboration will defeat a disability claim even where some impairment exists.
Legal authorities cited
Statutes
Case details
- Case number
- 8001393/2025
- Decision date
- 1 December 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- HGV driver
- Service
- 3 years
Claimant representation
- Represented
- No