Mr T Benney v Imperial Civil Enforcement Solutions Ltd — 2020

Mr T Benney brought claims of unfair dismissal and disability discrimination arising from depression and anxiety. At a preliminary hearing on 20 January 2020, the tribunal was asked to decide whether he was disabled for the purposes of section 6 of the Equality Act 2010; the issue of the respondent's knowledge was reserved for the full merits hearing.

The tribunal accepted that the claimant had a mental impairment of depression which had existed since 2003 and had a substantial adverse effect on normal day-to-day activities. It relied on his evidence about periods of severe depression, difficulty socialising, shopping and eating, oversleeping, headaches, and the need for support from his wife to regulate sleep and manage bad days. Although there was limited medical evidence, the tribunal accepted his explanation that he had been trying to manage the condition without medication because it made him feel like a "zombie".

The tribunal therefore found that he satisfied the definition of a disabled person under section 6 Equality Act 2010 and Schedule 1, Part 1. It also recorded that the unfair dismissal claim was rejected because he did not have sufficient continuity of service to bring that claim. No remedy was awarded in this decision.