Mr D Patel, Counsel The v Ms M Steed, Solicitor — 2023

At a preliminary hearing on 16 August 2023, Employment Judge Goraj determined only the disability issue under section 6 of the Equality Act 2010. Professor James O' Brien alleged disability and age discrimination against Solent University; the respondent conceded that he was disabled by reason of stress and anxiety from 20 November 2020, but not before then and not by reason of depression.

The tribunal accepted that the claimant had earlier episodes of anxiety and depression in 1997, further mental health issues in 2016/2017, and anxiety-related issues in October 2019. It was not satisfied, however, that those earlier episodes were shown to have had a substantial adverse effect on day-to-day activities or to amount to a long-term impairment for the purposes of the Act. It also rejected disability status for October 2020, finding the evidence unclear and noting that the claimant's impact statements tied the psychological effects to the redundancy process from November 2020 rather than October 2020.

The tribunal found that from 1 November 2020 the claimant had stress, anxiety and depression with a substantial adverse effect on sleep, concentration, eating patterns and socialising, and that this impairment was likely, viewed at that date, to last at least 12 months. It further found that depression, in addition to stress and anxiety, was established from 20 November 2020 to 23 December 2021, relying on the GP records, sick notes, the Talking Change assessment recorded in July 2021 as moderate depression and anxiety, and the GP letter dated 18 July 2023. No remedy was awarded because this judgment determined only the preliminary disability question.