In Person v Respondent — 2018

At this open preliminary hearing on 19 February 2021, Employment Judge Kurrein dealt with two issues: whether the claimant was disabled for Equality Act 2010 purposes, and whether the unfair dismissal and unauthorised deductions claims were presented in time or whether time should be extended. The respondent argued that further medical evidence was needed, relying in part on a GP fit note and an apparent inconsistency with the later medical evidence, but the tribunal did not regard that discrepancy as unusual or sufficient to undermine Dr Hill's detailed letter.

The tribunal accepted the claimant's evidence that he had a complete mental breakdown on 31 October 2018, was advised by the respondent to go home on supposed unpaid leave, tried to return to work but could not do so, and was dismissed in March 2019. It also accepted evidence that before the breakdown he had been losing weight, was unstable, had suicidal ideations and emotional distress, had difficulty with day-to-day activities, and had not responded well to medication. Dr Hill's evidence was that the claimant had depression, that the impairment significantly affected daily activities, and that there was a risk of recurrence.

On that evidence, the tribunal was satisfied that the claimant had an impairment that had a significant long-term adverse effect on his ability to carry out normal day-to-day activities and was disabled for the purposes of the Equality Act 2010. The tribunal did not decide the time-limit point for the unfair dismissal and unauthorised deductions claims, stating that it was not appropriate to do so at that stage because the evidence would have to be heard in any event for the discrimination claims and there would be no saving in time or cost.