Mr A Baledent v Slice One Edinburgh Limited — 2022

This was a preliminary hearing fixed solely to determine whether Mr A Baledent was disabled within the meaning of section 6 of the Equality Act 2010 at the material time, in or about October 2021. The tribunal heard from the claimant and from the respondent’s Head of Operations, and considered the claimant’s Disability Impact Statement and a video clip. It declined to consider a late letter from Slateford Medical Practice, finding that although there was no evidence the claimant had deliberately withheld it, admitting it would prejudice the respondent and require further delay and expense.

The tribunal accepted the claimant as a credible witness and found that he had sought medical evidence from his GP but had not obtained it by the hearing. It found that he had been diagnosed with depression in about 2019 and with social anxiety in about the first six months of 2020, and that by October 2021 he was taking medication and receiving CBT. On the evidence, the claimant experienced difficulty with social and family interactions, crowds, shopping, and working in larger or busier environments.

Applying section 6 of the Equality Act 2010, Schedule 1 paragraph 2, and paragraph 5(1), the tribunal found that the claimant had a mental impairment, namely depression and social anxiety, that the impairment had a substantial adverse effect on normal day-to-day activities, and that the effect was long term because it had lasted for at least 12 months by October 2021. It rejected any adverse inference from the absence of medical records and concluded that the claimant was disabled within the meaning of section 6 at the relevant time.