EMPLOYMENT TRIBUNALS (SCOTLAND)5 Case No: 4103575/2020 Preliminary Hearing Held by Cloud Video Platform (CVP) on and June 2021 Employment Judge W A Meiklejohn Mr G Nash v Argyll & Bute Council — 2021

The tribunal considered whether the claimant was disabled within the meaning of section 6(1) of the Equality Act 2010 during the relevant period of 7 February 2020 to 3 September 2020. The claimant relied on evidence about stress-related mental health symptoms, including disturbed sleep, low mood and motivation, reduced participation in family and social activities, concentration difficulties, and effects on home life. The tribunal heard evidence from the claimant, his wife, his former line manager and his father, and considered GP letters, fit notes and occupational health reports.

The tribunal found all witnesses credible, with particular reliance on the claimant's and Mrs Nash's evidence about changes from around March 2019. It found that the claimant had a mental impairment at the relevant time and that the impairment had an adverse effect on his ability to carry out normal day-to-day activities, including social interaction, concentration, sleeping, and activities such as cycling and playing football with his son.

The tribunal found the adverse effects were more than minor or trivial and that the long-term requirement was met. It concluded that the claimant had first come within the statutory definition, apart from the long-term element, in March 2019; by March 2020 the effects had lasted at least 12 months, and as at 7 February 2020 it could well happen that they would last at least 12 months. The claimant was therefore disabled within section 6(1) EqA throughout the relevant period.