Ms K Brogan v Dr S Zaidi — 2023

This judgment determined a preliminary issue on disability under section 6 Equality Act 2010. The respondent conceded that Ms Brogan met the definition of disability from 31 August 2021, but disputed any earlier date. The tribunal heard from Ms Brogan and her husband, and considered occupational health, GP and psychologist evidence, applying the statutory definition and the Schedule 1 long-term effects provisions.

The tribunal did not accept that Ms Brogan had already become disabled by March 2019 or by the start of the disputed events. It found that the changes described by the claimant and her husband in the period up to September 2019 were reactions to suspension and disciplinary issues, rather than evidence of an underlying mental impairment. It also found that the hospital admission at the start of July 2019 was a response to work events, not the product of an underlying impairment.

The tribunal held that, by the time of the first occupational health report on 29 October 2019, it was not yet likely that the effects on Ms Brogan's day-to-day activities would last for 12 months. It noted that counselling had not yet begun and medication had only started a few weeks earlier, and it considered that the position then appeared to be an adverse reaction to work events from which recovery was likely if the dispute was resolved.

By contrast, the tribunal was satisfied that by December 2019 the statutory definition was met. Taking into account the December 2019 counselling and GP evidence, the earlier fit notes, the medication, the periods of absence, and the evidence about reduced sociability and difficulty leaving the house, it found that Ms Brogan had a mental impairment that was likely to be long-term. The operative finding was that she was disabled from no later than 9 December 2019, and the judgment did not include any monetary award.