Mr J McCall v The Chief Constable of Avon & Somerset Constabulary — 2023

This was a preliminary hearing on whether the claimant was disabled within the meaning of section 6 of the Equality Act 2010 during the period from 12 September 2018 to 11 November 2019. The tribunal did not determine liability for the pleaded disability discrimination claim at this stage.

The tribunal found, from GP records, occupational health records, the claimant’s evidence, and Dr Campbell’s evidence, that the claimant had a mental impairment at the relevant times. Although there was no formal specialist diagnosis, the tribunal was satisfied that the claimant’s condition involved anxiety, depression, stress-related symptoms, and likely PTSD, and that these were more than reactions to adverse life events alone.

The tribunal found adverse effects on normal day-to-day activities including severely impaired sleep, affected appetite and difficulty eating, becoming overwhelmed and losing control of thoughts and emotions, and flashbacks or freezing when exposed to triggers in everyday settings such as hearing a child scream or walking in the local area. Those effects were more than minor or trivial.

On duration, the tribunal found that the claimant had experienced these effects since at least spring 2015, with fluctuating symptoms continuing well beyond 12 months. It therefore concluded that the long-term requirement was met and held that the claimant was disabled for Equality Act purposes throughout the relevant period.