Mr C Page v Ceva Logistics Limited — 2021

At a preliminary hearing, the tribunal considered whether the claimant's anxiety and depression amounted to a disability within section 6 of the Equality Act 2010 during the period from February 2020 to January 2021. The tribunal found the claimant's evidence inconsistent, vague, and often unsupported by the medical records, and did not accept his evidence as credible.

The tribunal found that from February to May 2020 the medical evidence recorded anxiety and stress, not depression, and that the claimant improved sufficiently to return to work in May 2020. It found insufficient evidence that, during that period, he had a mental impairment with a substantial adverse effect on normal day-to-day activities, or that any such effect was long term.

As to the moderate depression diagnosed in September 2020, the tribunal found the evidence did not establish that it was long term. It relied in part on the occupational health opinion that the condition was not likely to last more than 12 months. The tribunal therefore concluded that the claimant was not disabled within the meaning of the Equality Act 2010 at the material time. The judgment states that the case would proceed to a hearing on the constructive unfair dismissal claim.