Mr G J Boswell v Office for National Statistics and 1 other — 2025

This public preliminary hearing determined whether Mr G J Boswell was disabled at the relevant time for his disability discrimination claims. He relied on anxiety and depressive disorder. The Tribunal found that the relevant period was 13 August 2020 to 15 November 2023, and accepted that the Claimant had the mental impairment of anxiety and depressive disorder, first diagnosed on 20 August 2019 and re-diagnosed on 11 October 2021 and 10 August 2023. It also found that the impairment was long term.

The Tribunal reviewed GP records, fit notes, occupational health evidence, the Claimant's disability impact statement, and his oral evidence. It found that the GP records were consistent with stress at work as the reason for the Claimant's absence from work, and that the evidence of impact on normal day-to-day activities was limited. The Tribunal found that before the events at work in August 2020 the Claimant was coping at work and had not evidenced an impact on day-to-day life. After 13 August 2020, apart from absence from work, the only evidenced impact of the kind asserted was a short-lived reference to self-care in GP evidence in August 2023.

Applying authorities including J v DLA Piper and Herry v Dudley Metropolitan Council, the Tribunal was satisfied that, but for workplace issues, the Claimant suffered little or no adverse effect from his impairment on day-to-day activities. It found that his absence from work and short period of lack of self-care were adverse reactions to life events, and that he was unwilling to return to work until workplace issues were resolved.

The Tribunal concluded that, at the relevant times, the Claimant was not a disabled person as defined by section 6 Equality Act 2010 because of anxiety and depressive disorder. The claims of discrimination arising from disability under s.15 Equality Act and failure to make reasonable adjustments under ss.20 and 21 Equality Act were therefore dismissed. No remedy award was made or addressed.