David Daniels v Tec Reports Ltd — 2024

This was a preliminary hearing directed by Employment Judge Park to decide whether David Daniels was disabled, as he claimed, by anxiety and depression at the material times. The order required an impact statement and GP notes by 6 June 2024, but no impact statement was filed and no GP notes were provided. The tribunal noted that Mr Daniels had been told orally at the case management hearing, and again in the respondent's addendum grounds of resistance and the written case management order, what evidence was required to support the disability case.

The tribunal found that the only evidence produced was a GP HUB report relating to 8 September 2022. That record referred to low mood, depression and stress, included advice about talking therapy and Headspace, and recorded that short-term diazepam was declined. The tribunal also noted that there was no evidence that Mr Daniels had followed up with his GP, taken medication, or provided any medical professional evidence or impact statement. It did not accept his explanation that he had 'missed' the order.

Applying the Equality Act 2010 disability definition in section 6, the tribunal held that Mr Daniels had shown only that on one occasion he felt low and saw a doctor. It found no evidence capable of showing a substantial adverse effect on normal day-to-day activities, or that any impairment had lasted or was likely to last for 12 months. As the claim depended entirely on the claimant being disabled, the tribunal struck out the claim. No monetary award was made.