Miles v Driver and Vehicle Standards Agency – success for Ashley Serr

March 22, 2024

The Employment Tribunal has given its second judgment in the case of Miles v Driver and Vehicle Standards Agency (DVSA).

Instructed by Caroline Casbolt at the Government Legal Department, Ashley Serr from Exchange Chambers acted for DVSA.

The case concerned a driving examiner suffering from Chronic Kidney Disease (CKD) who refused to attend work during the pandemic for fear of catching Covid and becoming seriously ill.

The claim was brought under the Equality Act and the health and safety provisions of the Employment Rights Act (ERA). The Tribunal dismissed the case in in its entirety at first instance. The Claimant appealed to the EAT. The decision in Miles v DVSA (2023) EAT 62 addressed a number of important questions under s.44/s.100 of the ERA. The case was remitted back solely to address the issue of whether the Claimant was disabled under the Equality Act and if so had he been discriminated against.

The Employment Tribunal has now confirmed that the Claimant’s CKD was not a disability and the Claim was dismissed.