Mr N Smith (Counsel) For the v Ms N Gyane (Counsel — 2021

The tribunal heard the matter as a preliminary issue and determined whether the claimant was disabled within the meaning of the Equality Act 2010 between July 2018 and December 2020, on the basis of alleged depression and hypothyroidism. It accepted that the medical records referred to minor depression, sub-clinical hypothyroidism, tiredness, irritability and work-related stress, and that there had been one outburst in July 2018 together with a period of difficulty with social interaction until September 2018. However, the claimant’s own statements were broad and lacked specific examples of what he could not do or could only do with difficulty in day-to-day life.

Applying section 6 and Schedule 1 of the Equality Act 2010, together with the authorities cited in the reasons, the tribunal held that the claimant had not proved a substantial adverse effect on normal day-to-day activities for a long-term period. It noted that the claimant was signed off work, but the sick notes referred to work-related stress, and the tribunal was not satisfied that the absences were caused by depression or hypothyroidism rather than dissatisfaction with the work situation. It also found that the effect of the July 2018 outburst and reduced social interaction did not establish a 12-month substantial adverse effect, and that there was insufficient evidence that any relevant effects could well have lasted that long.

The tribunal therefore held that the claimant was not disabled at any material time. On that basis, the claims of direct discrimination, discrimination arising from disability and harassment were dismissed for want of jurisdiction. The claim of detriment for making a protected disclosure had already been withdrawn on 16 June 2021, and the automatically unfair dismissal claim was withdrawn during the hearing on 28 June 2021.