Claimant v Pullman Rail Limited
Outcome
Individual claims
This was a preliminary hearing to determine disability status only. The substantive claim of discrimination arising from disability has not yet been heard. The tribunal found the claimant did have a disability as defined by the Equality Act 2010 at the material time.
This was a preliminary hearing to determine disability status only. The substantive claim for failure to make reasonable adjustments has not yet been heard. The tribunal found the claimant did have a disability, allowing this claim to proceed.
Facts
The claimant worked as a Semi-Skilled Fitter for 5 months before dismissal on 4 March 2024. In November 2023 he injured his ankle in a fall outside his house, developing impingement syndrome. He received treatment from his GP, was referred to orthopaedics and podiatry, and received insoles and an injection. An occupational health report in February 2024 stated prognosis was unpredictable and further treatment was expected. The claimant hoped to recover but the podiatrist scheduled a 6-month follow-up.
Decision
The tribunal found the claimant did have a disability at the material time (November 2023 to March 2024). Although the claimant was hopeful of recovery, the tribunal objectively assessed the contemporaneous medical evidence. The podiatrist's 6-month follow-up and the OH report's indication that further treatment would likely be needed meant there was a real possibility the condition could well last 12 months, satisfying the long-term requirement.
Practical note
When determining disability status, tribunals must objectively assess whether an impairment is likely to last 12 months based on contemporaneous evidence at the material time, not the claimant's subjective hope of recovery or subsequent events.
Legal authorities cited
Statutes
Case details
- Case number
- 1602420/2024
- Decision date
- 8 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Semi-Skilled Fitter
- Service
- 5 months
Claimant representation
- Represented
- No