In person For the v Respondent — 2020

This was a preliminary hearing to decide whether Mr Andrew Butler was a disabled person for the purposes of section 6 of the Equality Act 2010, on the basis of anxiety and/or depressive disorders. The tribunal accepted that by October or November 2019 his condition had begun to have a substantial adverse effect on normal day-to-day activities, relying on the welfare meeting notes of 3 October 2019 and the letter from Ms Jane Hune dated 28 November 2019.

The tribunal was not satisfied that the effect was long-term at the material time. It found that, as at 3 October 2019, he was not on medication for anxiety and/or depression, that medication appears to have started shortly after that meeting, and that the only medical evidence did not address prognosis. The tribunal considered the DWP letter of 14 February 2020 and the claimant's later references to MS, heart problems, and blood pressure, but held that these did not show that the anxiety and/or depression was likely to last for 12 months or recur during the relevant period. It also noted that there was no evidence of previous anxiety and/or depression and recorded concerns that the claimant's evidence about the AP Autos matter was confusing and contradictory.

The tribunal therefore found that Mr Butler was not disabled within the meaning of section 6 EqA at the dates of the alleged discriminatory acts, which it identified as the period from 3 October 2019 to 15 January 2020. The disability discrimination claim was struck out because it had no reasonable prospect of success. The judgment then made case management orders for the remaining claims of unfair dismissal and unlawful deduction of wages and/or holiday pay to be listed for a later preliminary hearing.