Mr A Velicko v NIC Services Group Ltd — 2024

The preliminary hearing considered whether the claimant had a disability under the Equality Act 2010 during the relevant period, identified as June 2021 to January 2023. The claimant relied on depression and anxiety. The respondent accepted that he had the condition, but disputed whether it had a long-term substantial adverse effect on his ability to carry out normal day-to-day activities.

The tribunal accepted the claimant's account of the effect of his condition, finding it generally supported by the GP records. It found that from 15 March 2021 he struggled with sleep, socialising, household tasks, shopping, gardening and activities with his child, and that from June 2021 he also struggled with eating, travelling and participating in hobbies. It also accepted that from the end of May 2021 he could not work, and that any improvements were attributable to medication and counselling.

The tribunal found that the substantial adverse effect began on 15 March 2021 and continued to the end of the relevant period. It concluded that the long-term element was established by 15 March 2022, when the effect had lasted 12 months, but that the claimant had not proved an earlier date when it was likely to last at least 12 months. The tribunal therefore found that the claimant had a disability by reason of depression and anxiety from 15 March 2022 to 31 January 2023.