In person For the v Mr D Stewart - counsel — 2019

At the preliminary hearing, Employment Judge O’Rourke heard evidence from the claimant, including two disability impact statements, an agreed bundle, and medical records, to decide whether he was disabled at the material time within s.6 of the Equality Act 2010. The claimant relied on periods of low mood, anxiety, stress, sleep problems, reduced concentration, and an asserted impact from possible OCD. The respondent argued that the contemporaneous records did not support the level of impairment described in the statements.

The tribunal accepted that the claimant had experienced low mood and work-related stress, and that these may have amounted to an impairment, but it found that the evidence did not show a substantial adverse effect on normal day-to-day activities. It placed weight on the GP and occupational health records, which mainly recorded stress at work, low mood and anxiety, and noted that there was no diagnosis of depression during the relevant period. It also considered that the claimant’s more detailed accounts given after dismissal were not supported by the contemporaneous medical material.

In reaching its conclusion, the tribunal noted that the claimant was able during the relevant period to exercise, swim, attend and pass an intensive course, interact with colleagues, and carry out ordinary tasks, even if he struggled with aspects of his particular job. It found that the more serious symptoms described in the statements, including severe sleep deprivation, OCD and a near complete mental breakdown, were at best exaggerations of the symptoms recorded at the time. The disability discrimination claim was therefore struck out. The judgment recorded that the remaining unfair dismissal claim would proceed to hearing.