In the recent case of Mutombo-Mpania v Angard Staffing Solutions Ltd [2018], the EAT ruled that in disability discrimination cases an individual could not prove they are disabled without giving evidence about their impairment and its impact on their normal day-to-day activities.
Mr Mutombo-Mpania worked for Angard Staffing Solutions (Angard) who provided casual staff to Royal Mail. Mr Muntombo-Mpania did not disclose any disabilities on his application form, during the recruitment process or on his occupational health form. However, he later informed Angard that he suffered with Essential Hypertension and stated that as a result he was unable to undertake regular night shifts.
Despite medication, Mr Mutombo-Mpania suffered from headaches, fatigue, breathing difficulties and lack of confidence. After failing to attend work on a number of occasions because of these symptoms, Mr Mutombo-Mpania was dismissed by Angard.
Mr Muntombo-Mpania issued a number of claims in the Employment Tribunal, including claims for disability discrimination.
The EAT held that the Claimant had not proved that he was disabled. Whilst he had given evidence of his symptoms and sought to link them with night shift duties, he had not provided any information about how his condition affected his ability to undertake various activities, or why those activities were affected during the night shift only. The Claimant did not therefore provide sufficient evidence to satisfy the Tribunal that he was disabled for the purposes of the Equality Act 2010.
The EAT therefore dismissed his appeal.
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