Mr D Gazzard v Natural Resources Wales — 2020

The tribunal heard the case at a preliminary hearing by CVP on 27 July 2020 and decided only the disability issue. The claimant had relied on depression and insomnia, and had not pursued the back pain mentioned in his ET1. The relevant period was treated as running from 2015 until his dismissal on 18 February 2019, because he alleged discriminatory treatment during suspension, the disciplinary process and the dismissal decision.

The tribunal reviewed GP and occupational health material and accepted that the claimant had periods of low mood and insomnia, including in 2015, 2016 and again from November 2017. It found, however, that the evidence did not show a substantial adverse effect on normal day-to-day activities. The claimant’s impact statement said his decision-making, judgment, concentration and productivity were affected, but he gave no concrete examples and the tribunal found that this was not reflected in the medical records.

The tribunal also held that, even if there had been an impairment, the claimant had not shown that any adverse effect was long term. It noted a gap of about 14 months between September 2016 and November 2017 when there was no evidence of the claimed impairments affecting him, and concluded that the claimant was not a disabled person within the meaning of s.6 Equality Act 2010. The disability discrimination claims under s.15 and ss.20-21 were therefore dismissed.