Claimant v Y and Z — 2020

The tribunal heard evidence from the claimant, Ms Karen Bull, Ms Carolyn Clarke and Ms Laura Clark, and considered the question whether the claimant was disabled within the meaning of section 6 of the Equality Act 2010 at the date of the alleged act of discrimination, 15 May 2019. The claimant said he had a mental impairment, described as anxiety, and relied on symptoms including sleep disruption, fatigue, difficulty getting out of bed, and difficulties with socialising and employment choices.

The tribunal accepted that the claimant suffered from some degree of anxiety, with evidence from GP records, counselling history, IAPT assessment and later occupational health reports. However, it found that the effects shown in the evidence were limited. It held that his sleep and fatigue complaints were not shown to be substantial, noting that he continued to work full-time, used flexi-time, and exercised regularly. It also rejected the suggestion that his pattern of social life, including one-night stands, demonstrated a substantial adverse effect on normal day-to-day activities, treating that as personal choice rather than evidence of disability.

The tribunal further found that the claimant’s preference for temporary work over permanent roles was not proved to be a manifestation of anxiety. It considered the litigation-related stress and the treatment evidence, but concluded that the impairment did not go beyond the threshold of being more than minor or trivial. On that basis, the claimant was not disabled under the Equality Act 2010 during the relevant period, and the disability discrimination claim failed on the preliminary issue. The tribunal said that, if it had needed to consider the long-term element, July 2018 would have been the likely start date, but it did not need to decide that point because the substantial adverse effect requirement was not met.