In Person For the v Respondent — 2022

This was a preliminary hearing to determine whether the claimant was disabled within the meaning of section 6 of the Equality Act 2010 for the purposes of his disability discrimination, harassment related to disability, and reasonable adjustments claims. The tribunal considered the claimant's evidence, the documents he relied on, the online dyslexia assessment, and Dr Hetherton's report, and applied the statutory definition in section 6 together with Schedule 1 to the Act and the relevant Secretary of State guidance.

The tribunal rejected dyslexia as a qualifying disability at any material time. It found there was no medical or other evidence of a formal diagnosis, the online assessment was of limited assistance, and the claimant's own evidence did not show a substantial adverse effect on normal day-to-day activities. The tribunal also rejected PTSD as a long-term disability for the material period, finding that although PTSD had been present after the August 2019 road traffic accident, it had ceased to be present by around January 2020 and there was insufficient evidence of recurrence before the July 2020 dismissal.

By contrast, the tribunal accepted that anxiety and depression caused a substantial adverse effect on the claimant's day-to-day activities, including travel and social activities. It found that symptoms were significant after the accident, improved to some extent in early 2020, then worsened again around May 2020, and that contemporaneous medical evidence including the report dated 24 March 2020 supported a continuing substantial adverse effect. The tribunal held that by 24 March 2020 it was likely the effect would continue for at least 12 months, so the claimant was disabled from late March 2020 onwards by reason of anxiety and depression.

The tribunal did not determine the respondent's knowledge of disability, leaving that issue for the final hearing. No remedy was awarded in this preliminary decision.