Mr G Welch v Department for Work and Pensions: 2411321/2023
JUDGMENT
[1]At all times relevant to this claim, the claimant had a disability within the meaning of section 6 of the Equality Act 2010.[2]The disability consisted of the effects of the physical impairment of asthma.[3]The effects of the physical impairment of asthma included the effects of the claimant’s susceptibility to allergic reactions affecting his ability to breathe.[4]If (contrary to paragraph 3), the claimant’s susceptibility to allergic reactions was a separate impairment from asthma, the tribunal determined that the claimant in any case had a disability consisting of the effects of the physical impairment of asthma, even without any effects purely attributable to the claimant’s susceptibility to allergic reactions.