Mr L Nicholas v Shopify UK Limited — 2023

This hearing determined only whether Mr L Nicholas was disabled at the material time, July 2022. The tribunal found that he had experienced a mental health crisis in February 2022, with low mood, numbness, fatigue, low motivation and sleep problems, and that by April to July 2022 those effects included impaired concentration, difficulty with housekeeping and cooking, and avoidance of some social activity. Although he remained in work and had no sickness absence, the tribunal found the effects went beyond the minor or trivial threshold when assessed together.

Applying section 6 of the Equality Act 2010, the tribunal held that the claimant had a mental impairment with substantial adverse effects and that, as at July 2022, those effects could well last for at least 12 months from February 2022. It relied on the approach in Boyle v SCA Packaging Ltd that 'likely' in the long-term test means a real possibility, not a probability. The judge accepted that medication and therapy were helping and that symptoms had improved by June 2022, but found that this did not prevent the long-term test being met. The tribunal therefore concluded that Mr Nicholas was a disabled person within the meaning of the Equality Act in July 2022.