Mr N Robinson v Kent County Council, and 1 other — 2022

The judgment concerned a preliminary issue: whether the claimant was a disabled person within the meaning of section 6 of the Equality Act 2010 at the relevant times between October 2018 and 16 October 2020. The claimant relied on anxiety, low mood, stress, work-related stress, a stammer and psychiatric ill health. The tribunal considered medical records, occupational health evidence, the claimant's witness evidence and submissions from both parties.

The tribunal found insufficient evidence that symptoms before March 2015, between March 2015 and May 2018, or during late 2018 had a substantial adverse effect on normal day-to-day activities. It accepted that the claimant experienced stress, anxiety and low mood during those periods, but found the evidence did not show effects beyond trivial or minimal levels for the statutory test.

The tribunal found that the claimant's condition crossed the substantial threshold in or around May 2019, following his mother's death and the end of his marriage. It accepted evidence of suicidal thoughts, affected sleep and appetite, debilitating panic attacks, and avoidance of social interaction, shopping, social activities and his allotment. It concluded that by 1 November 2019 it could well happen that the effects would last 12 months, and therefore the claimant was disabled from that date onwards and remained disabled at all material times thereafter.