Claimant v The Real Greek Food Company Ltd
Outcome
Individual claims
This was a preliminary hearing to determine whether the claimant was disabled within the meaning of the Equality Act 2010. The tribunal found he was disabled from 17 May 2022 to 24 November 2022 by reason of a physical impairment to his right knee. The substantive discrimination claims have not yet been determined.
Facts
The claimant, a chef, suffered a knee injury in February 2022 and a further injury on 13 April 2022 (disputed by the respondent), followed by a fall from a bus on 16 or 17 May 2022. An MRI scan on 16 June 2022 showed an osteochondral defect in his right knee, later confirmed by arthroscopy on 22 December 2022. He had significant periods of sick leave and workplace adjustments, including avoiding heavy lifting, bending, stretching, and prolonged standing. His mobility was substantially impaired throughout the relevant period.
Decision
The tribunal found the claimant was disabled within the meaning of the Equality Act 2010 from 17 May 2022 to 24 November 2022 by reason of a physical impairment to his right knee. The impairment had a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities such as walking, standing, bending, and lifting. Disregarding the effects of treatment, the condition could well have lasted more than 12 months.
Practical note
A knee injury requiring workplace adjustments, causing mobility restrictions and prolonged time to complete ordinary tasks, can constitute a disability even where the worker attempts to continue employment with reduced hours and duties.
Legal authorities cited
Statutes
Case details
- Case number
- 3300529/2023
- Decision date
- 26 November 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Chef
Claimant representation
- Represented
- No