Mr Miles was a driving examiner with the DVSA driver and vehicle standards agency in Pontefract, Yorkshire. He was diagnosed with chronic kidney disease in 2018 and had informed his line manager of the diagnosis. When the Covid pandemic began, he was placed on special leave and, in June 2020, he informed the DVSA he believed he was “clinically vulnerable” and it was not safe for him to return to work. His manager told him he would be expected to return to work in line with government guidance when driving tests resumed, but in July 2020 Miles asked to be placed on special leave on full pay. The DVSA rejected his request and said he was expected to return to work with safety measures in place, in line with government guidance, or he could take annual leave or special unpaid leave.