Mr Matthew Tough v Commissioners for HM Revenue & Customs — 2018

The preliminary hearing was listed to determine whether the claimant was a disabled person within the meaning of the Equality Act 2010 by 18 June 2018. The claimant relied on depression and anxiety, with symptoms beginning after an accumulation of personal events from late March 2018 and continuing through his sickness absence, return to work, dismissal process and appeal.

The tribunal found that from 5 April 2018 the claimant had significant concentration and memory problems and substantial adverse effects. It also found, on balance and having regard to the GP records, that by 18 June 2018 he had an impairment in that he was suffering from depression.

The tribunal concluded that the long-term condition was not met. By 18 June 2018 the adverse effects had lasted less than three months, there was no prior history of illness, and there was no medical evidence or opinion supporting a conclusion that the effects were likely to last at least 12 months or were likely to recur. As all claims were agreed to be premised on the claimant being disabled, the claims were struck out and dismissed.