Travis Malkan v Surya Hotels — 2023

This was a preliminary hearing in a claim brought by Travis Malkan against Surya Hotels Limited. The issue decided was whether the claimant was disabled for the purposes of section 6 of the Equality Act 2010. The tribunal accepted that there was no medical evidence supporting a diagnosis of complex PTSD, although the claimant believed he had PTSD and the records referred to possible trauma-focused treatment. It found that he had been diagnosed with depression in March 2022 and that there had been earlier mental health concerns, including referrals to Wellbeing Services and consideration of CBT and EMDR.

The tribunal found that the claimant had a mental impairment from 29 September 2021, when he was signed off sick with stress. It held that the impairment adversely affected his day-to-day activities because he was unable to work, unable to sleep, and worried constantly. Applying the comparison required for substantial adverse effect, the tribunal concluded that the effect was substantial because the claimant had previously been able to work before his mental condition deteriorated.

The tribunal also found that the impairment was long-term. Although it considered that there was evidence the claimant had mental health issues before 29 September 2021, it did not find a substantial adverse effect in July or August 2021. On the evidence, including the referral pathway and the claimant's account of his mental health history, it concluded that the impairment was likely to last at least 12 months. The result was that the claimant was found to be a disabled person for Equality Act purposes.