Mr D Stevenson v Marks and Spencer plc — 2021

The preliminary hearing was ordered to decide whether the claimant was a disabled person at the material time for the purposes of the Equality Act 2010. The impairment relied upon was depression. The tribunal considered the claimant's evidence, evidence from his partner, medical records, workplace material, and submissions on the statutory framework.

The tribunal accepted that the claimant's mental health had worsened and that the alternating shift pattern had affected his sleep, energy levels, and activities such as going to the gym. It found that the condition tipped into a more than minor or trivial impact around July or August 2019, when the claimant first consulted his GP and was prescribed Mirtazapine, though he did not continue taking it because of side effects.

The tribunal held that by the final material event, identified as dismissal on 10 March 2020, the condition had not lasted 12 months and had not been shown to be likely to last 12 months or more. It placed weight on the claimant being allowed to return to night shifts in February 2020 and being described as doing better afterwards. The claimant therefore had not proved that he was disabled at the material time.