In Person v Respondent — 2025

The tribunal found that the Respondent did not know, and could not reasonably have known, that the Claimant's Mixed Anxiety and Depressive Disorder was likely to last 12 months and so constitute a disability until receipt of the Claimant's solicitors' letter dated 13 April 2023, some 8 months after he was first signed off on 11 August 2022. From that point the disability was established for the purposes of the Equality Act 2010.

The tribunal upheld three Equality Act claims arising from the Respondent's failure to hear the Claimant's appeal (which itself alleged disability discrimination) despite having granted an extension of time: discrimination arising from disability under s.15, harassment related to disability under s.26, and victimisation under s.27. The tribunal rejected the Respondent's explanation that the appeal had been lost among other matters such as a subject access request, and found the Respondent had not shown that the discrimination allegation played no part in the failure. All other Equality Act claims were dismissed.

The Claimant was also found to have been unfairly dismissed by reason of the failure to hear the appeal, with no contributory fault. The tribunal assessed there was a two-thirds chance that a fair-minded independent appeal panel, noting the Claimant was disabled and had 20 years' service, would have given him a further 3 months to return to work. An interim payment of £14,224 (a Basic Award of £13,824 plus £400 for loss of statutory rights) was ordered, with a Remedy Hearing listed for 27 March 2026 to address injury to feelings, any personal injury award, and any financial loss compensation for discrimination and unfair dismissal.