Mr Miethbauer First v Bloor Homes (Services) Limited Second Respondent: JS Bloor (Services) Limited — 2021

The tribunal considered a preliminary issue on whether Mr Miethbauer was a disabled person under section 6 Equality Act 2010. He relied on Generalised Anxiety Disorder and Obsessive Compulsive Disorder. The tribunal accepted evidence of symptoms beginning on 24 September 2017, including panic attacks, chronic anxiety, compulsive checking, difficulty leaving the house, and problems with driving, together with GP records, occupational health evidence, and Changing Minds counselling notes showing treatment with Sertraline and CBT.

Applying section 6 and Schedule 1 of the Equality Act 2010, including the effect of treatment under paragraph 5, the tribunal found that the impairments had a substantial adverse effect on normal day-to-day activities when the masking effect of medication was discounted. It found that the GAD and OCD were related and that their cumulative effect could properly be considered together. The tribunal concluded that as at 1 July 2018 the substantial adverse effects had not yet lasted 12 months but were likely to continue to at least 24 September 2018, and in fact did continue throughout the relevant period to 30 June 2020.

The tribunal therefore held that the claimant was a disabled person throughout the relevant period by reason of GAD and OCD, and that his section 6 Equality Act 2010 claim succeeded. It made no finding on whether any absences during the relevant period were arising out of disability, stating that there was insufficient evidence for that issue and that it would be for the liability hearing.