Mr P Tamiz v Brook Learning Trust — 2019

At the preliminary hearing on 15 November 2019, Employment Judge Corrigan dealt first with the Claimant’s application for a postponement and then proceeded in his absence when no sufficient reason for unavailability had been given. The Respondent asked for the whole claim to be dismissed under rule 47 of the Employment Tribunals Rules of Procedure, but the judge considered that would be excessive and instead heard the matter in the Claimant’s absence.

The only issue decided was whether the Claimant was disabled for the purposes of section 6 Equality Act 2010. The alleged impairment was stress and anxiety, not the hernia referred to in some of the medical evidence. The relevant period was treated as May 2017 to July 2018. The tribunal considered the Claimant’s disability impact statement, occupational health reports dated 20 February 2018 and 23 April 2018, GP letters, a sick note, and an anxiety and depression questionnaire.

The tribunal found the evidence insufficient to show that the Claimant met the statutory test. It noted that the 23 April 2018 occupational health report described reactive stress and anxiety linked to perceived adverse work circumstances and suggested it should resolve once those circumstances resolved. The Claimant’s own case did not establish that the condition had lasted for 12 months, and there was no evidence that it was likely to last for 12 months or more.

The disability discrimination claim was therefore dismissed. The judgment records that any outstanding matters would be addressed in a separate case management order, and no monetary remedy was awarded in this decision.