Mr P Woods v Merseyside Fire and Rescue — 2022

At this preliminary hearing the tribunal considered only whether Mr P Woods had a disability within section 6(1) Equality Act 2010 at the material time. Mr Woods relied on anxiety and depression, with symptoms said to include panic attacks, poor sleep, poor appetite, fatigue, headaches, dizziness and occasional thoughts of self-harm. The respondent contested disability and argued that the medical evidence did not show a qualifying impairment or a long-term substantial effect.

The tribunal accepted that Mr Woods suffered from a mental impairment in the form of anxiety and depression. It found that the adverse effects on day-to-day activities were more than minor or trivial, relying on the repeated medical evidence of poor sleep, panic attacks, reduced appetite, headaches, fatigue and low motivation. It held that sleep and appetite were normal day-to-day activities for these purposes, but was not satisfied that the evidence about childcare difficulties was sufficiently consistent or frequent to show a substantial adverse effect.

On duration, the tribunal distinguished the 2018 episode, which it considered had resolved and was not linked by the medical evidence to the later periods of sickness absence. It found that the later absences in 2019 to 2021 formed a longer-term problem, and noted that the GP records changed in emphasis on 1 June 2020 to 'chronic symptoms related to work problems' with antidepressant treatment then being prescribed. Applying the Schedule 1 provisions and the 'could well happen' approach to likely duration, it concluded that the condition was long-term from 1 June 2020 and that medication ameliorated, but did not remove, the substantial adverse effect.

The result was that Mr Woods was disabled at the material time and the complaint of disability discrimination could proceed. The judgment did not determine liability on the underlying discrimination, race discrimination or victimisation complaints, and no award was made.