Mr J Collins v Everest 2020 Limited HELD AT: Cardiff (In public; via CVP) — 2024

The public preliminary hearing determined whether the claimant was disabled within the meaning of s.6 Equality Act 2010 for the purposes of a disability discrimination claim about an alleged failure to allow a phased return to work. The tribunal identified the relevant period as 1 March to 15 March 2023, when a phased return could have been considered, and noted that the claimant's unfair and wrongful dismissal claims were separate and remained for a full hearing.

The tribunal accepted that the claimant had symptoms including difficulty sleeping and anxiety, and considered the medical evidence, the claimant's evidence, and the effect of CBT. It found that, during the relevant period, the claimant had not proved a long-term substantial adverse effect on his ability to carry out normal day-to-day activities.

The tribunal therefore held that the claimant was not a disabled person at the relevant time and dismissed the failure to make reasonable adjustments claim. It made no findings on the remaining unfair and wrongful dismissal claims, which continued.