Mr R Hastings-Prosser v Home Office — 2020

The Tribunal considered whether the Claimant had a disability within s.6 Equality Act 2010 during the material period from 6 August 2017 to 5 July 2018. The Claimant relied on PTSD arising from military and police service. The Tribunal accepted the evidence of the Claimant and his wife about his experiences, symptoms and behaviour, and found that at the material time he had a mental impairment affecting activities such as sleeping, socialising, watching television or films, and family life.

The Tribunal distinguished between the period before the Claimant's suspension on 22 December 2017 and the period after it. Before suspension, it found that the adverse effects were insubstantial and relatively minor, noting that the Claimant continued working, was regarded by his wife as broadly on an even keel, and experienced only occasional flare-ups. After suspension, when he faced disciplinary proceedings and possible dismissal, the Tribunal found that his sleeping difficulties, nightmares, anger and self-care issues worsened and that the adverse effect became substantial.

The Tribunal held that the substantial adverse effect was not long-term. It had lasted about six months by summer 2018, and the Tribunal found it doubtful that it was likely to last at least twelve months or likely to recur, applying the lower 'could well happen' threshold. The Tribunal therefore concluded that the Claimant did not have a disability within s.6 Equality Act 2010 at the material time.