Claimant v Ascott Transport Limited

Outcome

Facts

The claimant, a warehouse operative employed since June 2019, brought discrimination claims alleging the respondent wrongly applied the Bradford Factor to absences related to various claimed disabilities. A preliminary hearing was held to determine which of his alleged impairments constituted disabilities under the Equality Act 2010. The claimant relied on eight impairments: depression, sleep apnoea, knee injury, back pain/sciatica, hiatus hernia, kidney stones, IBS, glaucoma, and insulin resistance. The tribunal heard evidence from the claimant, his partner, and reviewed medical records from his GP and a private Polish GP. The material time period was determined to be 28 March 2021 to 23 May 2024.

Decision

The tribunal found the claimant was disabled due to his knee injury (from 1 April 2023 to 23 May 2024) and his back pain/sciatica (throughout the material time period from 28 March 2021 to 23 May 2024). The tribunal rejected disability status for depression, sleep apnoea, hiatus hernia, and kidney stones, finding the claimant's evidence lacked credibility and contradicted medical evidence showing minimal treatment and mild or resolved symptoms. The judge found the claimant an unreliable witness who avoided questions and had poor recollection, and noted a redacted GP entry about fraudulently altering blood test request forms.

Practical note

Legal authorities cited