Claimant v Staff Management Limited
Outcome
Individual claims
The tribunal found that the claimant did not have a disability as defined in Section 6 of the Equality Act 2010 during the relevant period (July 2023 to January 2024). The claimant admitted there was no evidence of disability during this period, was self-managing without medical support, had no flare-ups, took no prescription medication, and did not consult a GP except for one telephone call regarding post-viral fatigue. The tribunal concluded the impairment was not substantial and did not have a long-term adverse effect on normal day-to-day activities.
The claim was dismissed because the tribunal found the claimant did not meet the threshold definition of disability under Section 6 of the Equality Act 2010. Without establishing disability status, the duty to make reasonable adjustments did not arise. The claimant provided no medical evidence of substantial impairment during the relevant period and was self-managing his condition without professional medical intervention.
Facts
The claimant was employed as an HR advisor and claimed disability discrimination based on back pain. He alleged difficulties with dressing, cleaning, gardening and lifting due to muscle spasms, trapped nerves and sciatica. During the relevant period of July 2023 to January 2024, the claimant had no medical consultations except one telephone call for post-viral fatigue, took no prescription medication, had no flare-ups, and was self-managing his condition. His pre-employment questionnaire stated he had preventative measures in place and his last chiropractor visit in July 2022 showed 80-90% improvement.
Decision
The tribunal dismissed both claims, finding the claimant did not meet the statutory definition of disability under Section 6 of the Equality Act 2010. The tribunal held that while the claimant had a physical impairment, it did not have a substantial adverse effect on his ability to carry out normal day-to-day activities during the relevant period. The claimant admitted he had no evidence of disability during this time, was self-managing without medical support, and the medical evidence showed improvement rather than ongoing substantial impairment.
Practical note
A claimant who self-manages a condition without medical intervention during the relevant period and admits to having no flare-ups or evidence of substantial impairment is unlikely to meet the statutory threshold for disability status under the Equality Act 2010.
Legal authorities cited
Statutes
Case details
- Case number
- 6000394/2024
- Decision date
- 20 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- HR advisor
Claimant representation
- Represented
- No