Mr S Alexander v Estate of D B Roberts t/a Gwyn Jones Funeral Directors — 2023

This was a public preliminary hearing to decide whether the Claimant was disabled within section 6 Equality Act 2010 and, if so, whether an amendment application should be considered. The tribunal recorded that the Claimant had pleaded discrimination arising from disability in relation to his dismissal on 30 November 2021 and a failure to make reasonable adjustments in relation to the Respondent’s disciplinary procedure.

The tribunal accepted that the Claimant had anxiety and depression from around July/August 2021 and that he was also suffering from high blood pressure by around October 2021. It found, however, that the Claimant had not proved the required substantial and long-term adverse effect on normal day-to-day activities for anxiety and depression. The tribunal relied on the limited medical evidence, inconsistencies in the Claimant’s account, social media material, and the overlap with alcohol dependence, and concluded that any substantial adverse impact had not lasted, and was not likely to last, 12 months as at the material time.

The tribunal also found that the Claimant had high blood pressure, but there was no evidence of what impact that condition had on day-to-day activities, whether with or without medication. As to dyslexia, the tribunal was not persuaded that the Claimant had proved a diagnosis or sufficient evidence of reading, writing, or organisational difficulties amounting to a disability. It therefore held that he was not a disabled person by reason of anxiety and depression, high blood pressure, or dyslexia at any material time.

Because disability was not established, all disability discrimination complaints were dismissed. The tribunal did not hear the amendment application and noted that separate directions would be issued to prepare the remaining unfair dismissal claim.