Shaun Gleeson v Secretary of State for Work and Pensions (ESA): [2026] UKUT 358 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Church on 16 September 2026.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 12 October 2026

• Categories: Employment and support allowance
• Sub-categories: Employment and support allowance - Post 28.3.11 WCA activity 1: mobilising unaided
• Judges: Church, TH
• Decision date: 16 September 2026

Read the full decision in UA-2025-001184-ESA.

Judicial Summary

This decision is about the need for the Tribunal to apply the tests set out in the descriptors faithfully. The Tribunal found that the claimant experienced “some pain” when walking but commented that claimants were “not expected to mobilise pain free”.

The descriptors in relation to activity 1 refer to mobilising distances “without stopping in order to avoid significant discomfort or exhaustion”. That was the test that the Tribunal had to apply.  The Upper Tribunal allowed the appeal, set the decision aside and remitted the appeal to the First-tier Tribunal for rehearing.