Claimant v Secretary of State for Defence
Outcome
Individual claims
This was a reconsideration application relating to a preliminary hearing on disability status. The tribunal refused to reconsider its earlier decision that the claimant was not disabled by reason of hearing loss during the material period (September 2021 to May 2024). The tribunal found the evidence of hearing loss during the material period was limited, with no references in five occupational health reports or a capability assessment. Hearing loss was only diagnosed in July 2024, after the material period. The claimant conflated his current experiences with effects during the material time. The underlying discrimination claims have not yet been determined at a full merits hearing.
Facts
The claimant worked for the Ministry of Defence and brought disability discrimination claims. The respondent conceded he was disabled by reason of several conditions but contested whether he was disabled by reason of hearing loss during the material period (September 2021 to May 2024). At a preliminary hearing on 1 April 2025, the tribunal found he was not disabled by hearing loss during that period. The claimant applied for reconsideration, arguing he had medical records showing ear syringing in 2017, which he had mentioned but not located during the hearing.
Decision
The tribunal refused the reconsideration application, finding no reasonable prospect of the judgment being varied or revoked. The claimant had been given a fair opportunity to present his case with adjustments in place. The medical record from 2017 showing ear syringing reinforced rather than undermined the original decision, pointing to a temporary impairment resolved by wax removal, with no hearing concerns reported in subsequent years until diagnosis in July 2024, after the material period.
Practical note
A claimant must provide contemporaneous evidence that an impairment had a substantial adverse effect during the specific material period; diagnosis after that period and evidence of temporary symptoms years earlier will not establish disability status for the relevant time.
Legal authorities cited
Statutes
Case details
- Case number
- 3305023/2024
- Decision date
- 2 April 2025
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- military
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No