Case 1600705/2018 · Employment Tribunal
Mr R Moon v Slater and Gordon — 2020
- Case reference
- 1600705/2018
- Decision date
- 6 March 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge S Moore Representation
- Venue
- Cardiff
Parties
2 namedClaimant
Mr R Moon
Respondent
Key findings
Tribunal's reasoningThis was a preliminary hearing at Cardiff on 24 February 2020 to decide whether Mr R Moon was a disabled person within section 6 of the Equality Act 2010. The tribunal heard from Mr Moon, considered his impact statement, GP records going back many years, and occupational health reports dated 9 April, 14 May and 20 September 2018. It found that he had a mental impairment of depression and anxiety.
The tribunal accepted that the impairment had a substantial adverse effect on normal day-to-day activities, including personal hygiene, avoiding human contact, greater need to visit the toilet at work, withdrawal from social contact and family events, household chores, leaving the house, sleep, and concentration. It rejected the respondent's submission that his symptoms were explained only by workplace disputes, and it did not accept that a golfing trip or his ability to draft tribunal papers and complaints undermined his evidence. The tribunal also rejected reliance on a single sleep apnoea reference in the medical notes, finding that the wider medical record and occupational health evidence showed longstanding anxiety and depression with fluctuating symptoms.
The tribunal found that periods of improvement were linked to medication and counselling, which are to be disregarded when assessing substantial effect. It therefore held that Mr Moon was a disabled person within section 6 Equality Act 2010. No monetary remedy was awarded in this preliminary judgment.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Preliminary issue only: the tribunal found that the claimant was a disabled person within section 6 Equality Act 2010. | Upheld | Disability | — |
Legal tests applied
3 references- Section 6 Equality Act 2010
- Statutory Code of Practice Guidance on the definition of Disability (2011)
- J v DLA Piper UK LLP Ltd [2010] IRLR 936
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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