Mr E Smith v Mitie Limited — 2024

The hearing was fixed to decide whether the claimant was a disabled person for the purposes of the Equality Act 2010 at the material time. The tribunal heard evidence from the claimant and considered GP notes. It found that he had suffered headaches since around 2007, that panic attacks were a consequence of the headaches rather than a separate impairment, and that the effects included difficulties with driving, busy places, socialising and mental health.

The tribunal accepted the claimant's evidence that medication from around 2017 reduced the headaches and panic attacks. It assessed the position by considering the likely effect without medication and found that, at the relevant time, the headaches would have had an adverse effect on normal day-to-day activities including driving and attending busy places.

The tribunal found the effect was more than minor or trivial and had lasted for more than 12 months. It concluded that the claimant was a disabled person under section 6 Equality Act 2010 in respect of the headaches. A separate case management note was to progress the case to a final hearing, so the substantive claims were not decided in this judgment.