Mr Armand Musaku v DHL Services Limited — 2022

The respondent conceded that the claimant was disabled by reason of depression during the relevant period, but the tribunal found that he was not disabled by reason of stress and anxiety. It found that the stress and anxiety relied on was not shown to be a mental impairment with a substantial and long-term adverse effect on day-to-day activities.

For unfair dismissal, the tribunal treated the effective reasons for dismissal as the appeal decision-maker's reasons: that it was not viable for the claimant and Mrs Motycznska to work together again, and that the available redeployment options were not both suitable and acceptable to the claimant. It found those were genuine substantial reasons and that dismissal was within the range of reasonable responses.

The disability discrimination complaints were also dismissed. The tribunal found that the direct discrimination allegations were not because of disability, that dismissal was not because of something arising in consequence of disability, and that although a PCP and substantial disadvantage were established for the reasonable adjustments complaint, the disadvantage was not caused by the claimant's depression.