Mr B Hewitson v Pollock Scotrans Limited — 2021

At a remote preliminary hearing on 9 November 2021, Employment Judge M Sangster decided whether Mr B Hewitson was disabled for the purposes of section 6(1) of the Equality Act 2010 at the relevant time, December 2020, and whether Pollock Scotrans Ltd knew or ought reasonably to have known of that status. The issue concerned anxiety as the asserted mental impairment.

The tribunal accepted that the claimant had anxiety from around 2010 and that by April 2014 it had produced severe symptoms, including low mood, lack of motivation, inability to face work, sleep problems and a stutter. It accepted that he had been prescribed fluoxetine and that he remained on a high dose of that medication, between 40mg and 60mg daily. Applying the statutory definition and discounting the effect of treatment, the tribunal held that the condition had a substantial and long-term adverse effect on normal day-to-day activities and that the claimant was disabled at the relevant time. It rejected the respondent's submission that the position was merely the medicalisation of isolated work-related issues.

On knowledge, the tribunal found that the respondent did not have actual knowledge that the claimant was disabled, but did know that he had anxiety, was taking fluoxetine and believed that he could not do night shifts. After the claimant completed the health forms on 20 October 2020 and 12 November 2020, including a statement that he had a mental health disability preventing night shifts, the tribunal held that the respondent ought to have made further enquiries and, had it done so, would have discovered the disability. The judgment therefore recorded constructive knowledge from at least 12 November 2020. No monetary award was made because this judgment determined preliminary issues only.