Mr David Lane v Ministry of Defence — 2019

The claimant alleged that he had a longstanding disability, described as post-viral syndrome, ME or chronic fatigue syndrome, and that the respondent had failed to make reasonable adjustments between October 2016 and January 2018. The respondent conceded disability by reason of anxiety only from 19 May 2018, but disputed disability before then and disputed that post-viral syndrome or CFS met the statutory definition during the relevant period.

The tribunal found that the claimant had post-viral fatigue in childhood, but that the substantial adverse effects on normal day-to-day activities had ceased many years earlier. It found insufficient evidence that CFS was likely to last for life, likely to recur or fluctuate, or that the symptoms from October 2016 onwards showed a recurrence or fluctuation of CFS. The tribunal preferred the Chronic Fatigue Clinic's evidence, which did not support a diagnosis of CFS or a recurrence of its effects.

The tribunal found that anxiety was a mental impairment from 19 October 2017 and that the claimant met the statutory definition of disability from 19 May 2018, when the adverse effect could be said likely to last at least 12 months. Depression was first diagnosed after the claimant's resignation and outside the material period. Because the claims all predated the period when the claimant was found to be disabled, they were dismissed.