Mr. M. Yakub v HSBC Bank plc — 2019

The tribunal considered three alleged disabilities: mild small vessel disease, depression, and degenerative disc/back, leg and foot problems. It found no evidence that mild small vessel disease had any adverse effect on the claimant's ability to carry out normal day-to-day activities.

For depression, the tribunal accepted that symptoms began in September 2017, but found that the evidence showed mild to moderate depression with poor sleep and fatigue, improving by May to July 2018. It concluded that depression did not have a substantial adverse impact on normal day-to-day activities and was not shown to be long-term or likely to recur.

For the physical condition, the tribunal accepted that the claimant had foot pain, but found his evidence about the severity and duration of physical impairment inconsistent and, at points, not credible. It relied on occupational health material, functional assessment evidence, surveillance evidence, and the absence of corroborating medical evidence to conclude that the physical impairment did not have a substantial long-term adverse effect on day-to-day activities. The tribunal therefore held that none of the three conditions amounted to a disability under the Equality Act 2010.