In person v Respondent — 2020

This was a reserved judgment after a preliminary hearing on 18 November 2020 to decide whether Mr Lewis Taylor met the section 6 Equality Act 2010 definition of disability on 6 April 2020. The respondent conceded that he had a mental impairment of depression and anxiety on that date and that it had a substantial adverse effect on normal day to day activities. The only live issue was whether the effect was long term, meaning likely to last at least 12 months.

The tribunal accepted that Mr Taylor had earlier periods of work-related stress in August 2018 and low mood/generalised anxiety in September 2019, but found that both earlier episodes had resolved. For the January to April 2020 period, it accepted that he had depression and anxiety, had been prescribed sertraline, took time off work, improved by March 2020, stopped his medication, relapsed, and attended work on 6 April 2020 because his sick note had expired, with a suggestion that he could work from home. The tribunal found there was no medical report or prognosis showing that, viewed on 6 April 2020, the effects could well last for at least 12 months.

Applying section 6 of the Equality Act 2010, Schedule 1 paragraph 2, and the approach to "likely" meaning "could well happen" drawn from the authorities cited, the tribunal concluded that Mr Taylor had not shown the impairment was long term. It therefore held that he was not a disabled person at the relevant time and dismissed the claim.