Mr M Rafiq v The City of Edinburgh Council

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4103525/2023 5 Held in Edinburgh by Cloud Video Platform (CVP) on 21 March 2024 Employment Judge L Murphy 10 Mr M Rafiq Claimant Represented by: Mr G Bathgate - Solicitor 15 The City of Edinburgh Council Respondent Represented by: Ms F Ross - Solicitor 20

JUDGMENT OF THE EMPLOYMENT TRIBUNAL The judgment of the Tribunal is that the claimant was a disabled person for the purposes of section 6 of the Equality Act 2010 (EA 2010) at the material times, namely between July 2022 and June 2023 inclusive. 25 A Preliminary Hearing on case management shall be listed to discuss how the proceedings should progress.

REASONS 30 Introduction

1. The claimant brings complaints under sections 13, 15, and 20 of the Equality Act 2010 (“EA”) under claim number 4103525/2023. He avers he was, at the material times, a disabled person for the purposes of EA and the respondent disputes this. His case has previously been conjoined with 35 the claim brought under case number 4103527/2023 by his colleague, Mr Singh, against the respondent. A sub...

2. Specifically, the issues for determination in relation to C1 are (with reference to the specified period): (i) Did he have a physical or mental impairment? (ii) Did it have a substantial adverse effect on his ability to carry out 5 normal day to day activities? (iii) If not, did he have medical treatment, including medication or take other measures to treat or correct the impairment? (iv) Wo...