Claimant v The Chief Constable The Police Service Of Scotland — 2019

This was a preliminary hearing on whether the claimant was disabled within the meaning of section 6 of the Equality Act 2010 as at 20 August 2015. The issue mattered because her pending section 15 disability discrimination claim, arising from conduct on that date and a misconduct hearing on 9 November 2017, could only proceed if she established disability at the earlier date.

The tribunal heard from the claimant, Dr A S Wylie, Ms G Imery, DCS L Boal, DS L Raphael and Dr M Roy, and reviewed medical and employment records. It accepted Dr Wylie’s diagnosis that the claimant was suffering from a moderate depressive disorder at the material time. The tribunal also accepted the claimant’s evidence that she had been truthful with Dr Wylie, which meant the caveat in his report about relying on her account fell away.

On the evidence accepted, the tribunal found that the claimant’s impairment had adverse effects including low mood, loss of interest, fatigue, sleep disturbance, diminished appetite, anxiety, irritability, impaired concentration and difficulty keeping up with work. It held that the effects were more than minor or trivial and were long term because they had been present for more than 12 months by 20 August 2015, and in any event were likely to last at least 12 months from that date. The tribunal found the impairment affected normal day-to-day activities including interaction with her family, sleep, concentration and preparation of written documents at work.

The tribunal rejected some alleged effects where it found no evidence, including difficulty sitting for reasonable periods, writing, using IT, and making decisions. It also considered the Guidance on disability, Schedule 1 paragraph 2 of the Equality Act 2010, Aderemi, The Guinness Partnership v Szymoniak, and SCA Packaging v Boyle. It concluded that the claimant was disabled as at 20 August 2015 and therefore her section 15 claim could proceed to a final hearing. No financial remedy was determined at this stage.