Ms S Orrock v Represented by Mr R Russell Solicitor Goodfellows of Dundee Limited — 2019

This was a preliminary hearing at Dundee before Employment Judge A Kemp. The sole issue was whether Ms Sandra Orrock was a disabled person within section 6 of the Equality Act 2010. The tribunal recorded that she had alleged disability discrimination and unfair dismissal, but it did not determine those claims at this stage.

The tribunal found that Ms Orrock had a mental impairment consisting of depression and anxiety. It accepted evidence that she had been prescribed Fluoxetine from September 2014, that she later had periods of treatment for anxiety and low mood, and that after a workplace disciplinary investigation in October 2017 she was again prescribed anti-depressant medication. The tribunal also relied on an occupational health report of 4 October 2018 describing a significant anxiety and depressive disorder and a long history of anxiety and stress.

The tribunal accepted Ms Orrock’s evidence about the effects of the condition, including poor sleep, low motivation, difficulty getting up, stress at work, impaired concentration, reduced social interaction, and difficulty reading. It rejected the respondent’s case that the effects were simply reactions to adverse life events or were not supported by the medical evidence. Applying the statutory definition of disability and the authorities cited in the judgment, the tribunal held that the effects were substantial and long-term.

The tribunal concluded that, by the date of dismissal on 15 October 2018, the effects had lasted for more than 12 months in total and were likely to continue. It therefore found that Ms Orrock was a disabled person under section 6 of the Equality Act 2010. No financial remedy was assessed in this judgment, and the tribunal directed that a further case management preliminary hearing be fixed.