Mr A Thomas v Quad Recruitment Limited and 1 other — 2020

The hearing dealt only with a preliminary disability issue under section 6 of the Equality Act 2010. Mr Thomas originally relied on a heart condition and depression/anxiety, but at the hearing he accepted that the heart condition did not amount to a disability. The tribunal heard evidence from the claimant, three employees of Quad Recruitment Limited, and the claimant's GP notes and fit notes. The other preliminary issue, whether the respondents knew or should have known of any disability, was not reached.

The tribunal accepted that the claimant had a mental impairment of depression. It noted that by 10 May 2019 he was recorded by his GP as depressed and unfit for work, was prescribed citalopram, and later received a further fit note recording that he was still on SSRI medication. After a panic attack while travelling to Ibiza, he attended his GP again on 12 June 2019, was described as panicking a lot, and propranolol was added. The evidence also showed that counselling began in late July 2019 and that by October 2019 the claimant was described as being in a much better headspace.

Applying section 6(1) and schedule 1 paragraph 5 of the Equality Act 2010, the tribunal concluded that the condition had a substantial and long-term adverse effect when its position in an unmedicated and untreated state was considered. The tribunal found that, without the medication and counselling, the claimant would have remained in the state he was in in May and June 2019, and that the effect was more than minor or trivial and would have lasted, or been likely to last, at least 12 months.

The tribunal therefore held that Mr Thomas was disabled at the material time for the purposes of the Equality Act 2010 and could proceed with his disability discrimination claim. No final finding was made on the substantive discrimination allegations and no remedy was awarded in this judgment.