In person For the v Respondent — 2021

This hearing was listed to determine whether Mr Patrick Ring was a disabled person within the meaning of section 6 of the Equality Act 2010. The tribunal recorded that the respondent accepted that he was disabled throughout his employment by reason of type 1 diabetes, and it confirmed that finding. No remedy was determined because the judgment dealt only with preliminary disability issues.

The tribunal held that Mr Ring became disabled by reason of the tremor in his right hand with effect from 7 February 2019. It accepted that, by that date, the tremor had a substantial adverse effect on his day-to-day activities, including writing, doing up buttons, carrying or pouring drinks, serving himself food, and aspects of personal care. The tribunal also found that the effect was long-term within Schedule 1 to the Equality Act 2010 because the tremor had already lasted several months, was getting worse, and the medical evidence at the time pointed to a condition likely to last at least 12 months.

The tribunal did not find that Mr Ring was disabled by reason of depression and/or anxiety during his employment. It accepted that he experienced a mental health crisis in mid-February 2019 and noted later references in medical letters to low mood and an underlying mood disorder, as well as a GP letter referring to anxiety and depression. However, it concluded that there was insufficient evidence that any mental impairment had a substantial adverse effect on normal day-to-day activities outside the crisis period itself, aside from a further short period in November 2019. The tribunal noted the absence of evidence of ongoing inability to work because of anxiety or depression, the lack of GP treatment evidence, and Mr Ring's evidence that he had not taken medication for depression or anxiety.