Mr T Whittaker v Tropical Marine Centre Ltd: 2400558/2016
[1]The parties having agreed that the claimant met all of the elements of the test for disability set out in s6 Equality Act 2010 save for whether his physical impairment was “long term”, the Tribunal finds that the claimant was a disabled person within the meaning of s6 Equality Act 2010 from 13 August 2015 onwards.[2]As of the claimant’s hospital assessment of 13 August 2015 it was apparent that the claimant’s condition was not straightforward and that there were several complicating factors that could well delay his recovery. According to the evidence before me it was apparent of that date that it was likely, in the sense that it could well happen, that the claimant’s condition would last for 12 months or more.