Mr Harris (counsel) For the v Respondent — 2022

This was a reserved judgment on a preliminary issue: whether Mr Mehmi was disabled within the meaning of s6 Equality Act 2010 during the period April 2018 to November 2020. The tribunal heard evidence from the claimant, Mrs Sharma-Bansal and the claimant's sister, and had regard to the agreed bundle and medical records. The substantive unfair dismissal and disability discrimination claims were not decided in this judgment.

The tribunal accepted that the claimant had mental impairments of depression and anxiety, with a diagnosis made in October 2015 and continuing treatment and assessments over the following years. It found that the claimant's symptoms were not merely a short-term reaction to adverse life events within the meaning discussed in J v DLA Piper UK LLP, because the evidence showed a longer period of impairment beginning in 2015 and continuing into the relevant period.

On the evidence, the tribunal found substantial adverse effects on normal day-to-day activities, including sleep, washing, shopping, socialising, communication, writing and managing emails, and motivation for ordinary tasks. It relied on both contemporaneous medical material and the claimant's and witnesses' oral evidence, and rejected the proposition that coping strategies or the ability to avoid certain tasks meant the effects were no longer substantial. Applying the Equality Act 2010 definition, including the long-term requirement in Schedule 1, the tribunal held that the claimant was disabled throughout the relevant period.