Ms J MacPherson v Represented by Mr J Murphie Advocate Moray Council and 1 other — 2019

This was a preliminary hearing to determine whether Ms Jan MacPherson was a disabled person for the purposes of section 6 of the Equality Act 2010. The tribunal heard evidence from the claimant and considered her medical records, prescription history, occupational health material, and supplementary impact statement. It accepted that she had a long history of depression, beginning in 2003 after the breakdown of her marriage and her mother's death, with a further episode around 2013. The evidence also included GP treatment, anti-depressant medication, counselling, CBT, a panic attack at work on 7 January 2016, and stress-related absences in 2017.

Applying section 6 of the Equality Act 2010, section 212(1), Schedule 1 paragraph 2, the 2011 Guidance, and the authorities it cited including SCA Packaging Limited v Boyle, Cruickshank v VAW Motorcast Ltd, and J v DLA Piper, the tribunal found that the claimant had a mental impairment, namely depression. It held that the impairment had a substantial adverse effect on normal day-to-day activities, relying on the claimant's evidence, the occupational health questionnaire and report dated 24 July 2017, and the continuing need for anti-depressant medication.

The tribunal rejected the respondent's submission that the claimant's difficulties were only one-off reactions to workplace or other stressors and that there was insufficient evidence of impairment, substantial effect, or long-term effect. It found instead that the claimant's condition was an underlying depression that had lasted for many years, that the effects had been long-term, and that further episodes could well recur if that issue were relevant. The tribunal therefore concluded that Ms MacPherson is a disabled person, and it directed that a further case management preliminary hearing be fixed. No monetary remedy was awarded in this judgment.