Mr. Stephen Bishop (Counsel) For the v Respondent — 2017

The claimant was employed by the respondent from 16 April 2012 as an Advanced Technical Support Engineer and was dismissed on 2 March 2018 for capability. This hearing was an open preliminary hearing to decide whether he was a disabled person within the meaning of section 6 of the Equality Act 2010 during the material period, which the tribunal identified as beginning on 22 March 2017 and ending with dismissal. The claimant relied on anxiety, panic attacks, migraines and blurred vision; the tribunal considered oral evidence, GP records and a letter from Dr Martin Thornton.

The tribunal accepted that the medical records showed earlier episodes of generalised anxiety disorder in 2009 to 2011 and again in 2012 to 2013, and that there was a later cluster of symptoms in autumn 2017. However, it found the claimant's account of severe symptoms from March 2017 onwards was grossly exaggerated and unreliable. A significant reason for that conclusion was that he did not consult his GP for about six months while saying he was suffering severe effects, whereas the records showed only a visual disturbance appointment on 28 September 2017, anxiety-related contacts in October 2017, a Healthy Minds screen indicating mild symptoms, and later reports that he was feeling better and able to work.

The tribunal noted that panic attacks and migraines were not mentioned in the GP notes and that the medical evidence did not support the claimed severity, duration or deduced effect. It therefore was not satisfied that the claimant had proved the existence of a physical or mental impairment, and in any event found no substantial adverse effect and no long-term effect. The tribunal concluded that he was not a disabled person within the meaning of the Equality Act 2010 at the material time. It did not make any award and did not determine the merits of the other pleaded claims in this judgment.