Mr James Hammond v Barclays Execution Services Ltd — 2023

This was a preliminary hearing to determine whether the claimant was a disabled person for the purposes of section 6 of the Equality Act 2010 during the period from 3 November 2019 to 20 January 2022. The tribunal recorded that the claimant alleged discrimination during that period, but the issue decided in this judgment was limited to disability status.

The tribunal found that the claimant had a mental impairment, namely complex PTSD with a background of anxiety and depression, during the relevant period. It accepted that the impairment adversely affected normal day-to-day activities including maintaining routine, self-care, completing household tasks, social interaction, sleep, concentration and leaving the house, and that these effects were more than minor or trivial.

The tribunal considered the claimant's ketamine use between January and November 2020, but was not persuaded that, absent that use, the mental impairment would not have had an adverse effect on day-to-day activities. It concluded that the substantial adverse effect had lasted for more than 12 months during the relevant period and therefore was long-term. On that basis, the tribunal held that the claimant was a disabled person during the relevant time and that the claim could proceed.