Claimant v Imperial College Healthcare NHS Trust

Outcome

Facts

The claimant worked as a hospital porter for the respondent NHS Trust and had been off work for most of the period from August 2022 to February 2025 due to chest pain, GORD, and numbness in his left arm. He underwent various medical investigations including a cardiac scan (which was normal) and an endoscopy (which was also normal). The claimant was on medication for GORD and had been issued numerous fit notes advising light duties with no heavy lifting, pushing, or pulling. The respondent contested that the claimant had any impairment at all, arguing that he had an unreasonable fear of cardiac disease stemming from a relative's death.

Decision

The tribunal found that on 4 March 2024, the claimant was a disabled person within the meaning of the Equality Act 2010 by reason of GORD causing chest pain and numbness in his left arm. The tribunal accepted the claimant's evidence that these conditions had a substantial adverse effect on his ability to lift moderate weights, walk, and go up and down steps. The conditions had been ongoing since August 2022 and were likely to continue for at least 12 months from the relevant date, satisfying the long-term requirement.

Practical note

Legal authorities cited