Mr S Panton v Bright HR Limited — 2021

The claimant, Mr S Panton, brought disability-related claims against Bright HR Limited alleging harassment related to disability and discrimination arising from disability. The preliminary issue was whether he was a disabled person during the relevant period, which the tribunal identified as 2 December 2019 to 17 January 2020. The claimant relied on depression and PTSD, but the tribunal found that the case turned on whether there was a mental impairment with a substantial long-term adverse effect on normal day-to-day activities.

The tribunal accepted that the medical records showed low mood, anxiety, sleep disturbance, use of antidepressant medication, and the claimant's admission to Bronte Ward after an overdose on 30 November 2019. It also accepted that there was substantial adverse effect during the overdose and hospital admission period from 30 November to 19 December 2019. However, it held that the claimant's evidence about day-to-day impact before that period was too general and lacked sufficient detail to show a substantial adverse effect, and it did not find the effect was long-term on the evidence available.

Applying the disability tests under section 6 and Schedule 1 of the Equality Act 2010, the tribunal concluded that the substantial adverse effect did not last 12 months and was not likely to last 12 months or recur. It found the adverse effect was triggered by the breakdown of the claimant's relationship and that, by discharge, he was back living with his partner. The tribunal said that if it had needed to decide the impairment question, it would have found a depressive-type mental impairment, but it did not find evidence to support PTSD. Because the claimant was not found to be disabled during the relevant period, all claims were dismissed and the final hearing was cancelled.