Technician with hernia and nerve damage found disabled from June 2022
An employment tribunal has ruled that a technician with an inguinal hernia, prolapsed disc and nerve damage was disabled under the Equality Act from June 2022. The decision clears the way for his claims of disability discrimination and failure to make reasonable adjustments.
1 min read · Last updated 18 May 2026
Case details
- #inguinal-hernia
- #prolapsed-disc
- #nerve-damage
- #substantial-adverse-effect
- #long-term-impairment
- #surgery
- #pain-medication
Key facts
- The claimant started work as a Technician on 18 April 2017.
- He suffered an inguinal hernia in December 2021, which worsened over time.
- By April 2022, the hernia and related symptoms had a substantial adverse effect on his day-to-day activities.
- He had surgery on 22 September 2022, but symptoms persisted.
- The tribunal found he had a disability from 15 June 2022 onwards.
- The final hearing on the substantive claims is yet to be held.
Timeline
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Hernia injury
Claimant suffered a hernia injury at work in December 2021.
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GP consultation
Claimant consulted GP about hernia symptoms.
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Ultrasound results
Ultrasound confirmed inguinal hernia containing fat.
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GP referral for surgery
GP referred claimant for inguinal surgical repair due to persistent pain.
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Disability onset
Tribunal found claimant became disabled on this date.
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Sick note issued
MED3 issued stating claimant was not fit for work.
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Hernia surgery
Claimant underwent surgery for inguinal hernia.
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Resignation
Claimant resigned from employment.
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Preliminary hearing
Tribunal heard evidence on disability status.
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Judgment issued
Tribunal issued judgment that claimant had a disability from 15 June 2022.
The legal issue
The tribunal had to decide whether the technician's inguinal hernia, prolapsed disc and nerve damage amounted to a disability under the Equality Act 2010 – specifically, whether the impairments had a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.
The outcome
The tribunal ruled that the technician was disabled from 15 June 2022 onwards. This was a preliminary hearing; the final hearing on the substantive claims of disability discrimination and failure to make reasonable adjustments is yet to take place.
No compensation has been awarded at this stage.
Lessons & takeaways
- Keep a diary of symptoms and their impact on daily activities – this can be crucial evidence for establishing disability.
- Medical evidence from GPs and specialists is key, but your own detailed witness statement can also carry weight if consistent with the records.
- Disability can be established even if the impairment fluctuates or is managed with medication – the test is what the effect would be without treatment.
- The date disability began matters – it determines the period for which you can claim discrimination.
This case shows how a relatively common injury – an inguinal hernia – can develop into a disability when complications arise and symptoms persist. The technician suffered his hernia in December 2021, but it was not until June 2022 that the cumulative effects of the hernia, a prolapsed disc and nerve damage reached the threshold for disability under the Equality Act.
What the tribunal considered
The tribunal heard detailed evidence from the technician about how his symptoms affected everyday tasks: difficulty dressing, bending, walking, driving, preparing meals, and even sleeping. By April 2022 he was taking painkillers every four hours, and by June he was signed off work and unable to drive. The tribunal accepted that these effects were substantial – meaning more than minor or trivial – and that they were likely to last at least 12 months, satisfying the long-term requirement.
What the employer could have done differently
The respondent, Crossroads Group Limited, challenged the disability status, but the tribunal was satisfied by the technician's account and the medical timeline. Employers facing similar situations should consider obtaining their own occupational health assessments early, rather than waiting for a tribunal to determine the issue. A proactive approach to identifying and accommodating a potential disability can prevent disputes and reduce the risk of discrimination claims.
Why this matters
This decision is a reminder that disability is not always obvious or permanent from the outset. The law protects people from the point their impairment has a substantial and long-term adverse effect – even if that effect develops gradually. For employees with conditions that worsen over time, keeping records of symptoms and seeking medical advice promptly can make all the difference in establishing their rights.
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