Mr Ross Swinburne v Lerwick Engineering and Fabrication Ltd — 2018

At a preliminary hearing, the tribunal decided that Mr Ross Swinburne was a disabled person for the purposes of section 6 Equality Act 2010 and that he had been so disabled throughout his employment with Lerwick Engineering and Fabrication Ltd. The tribunal accepted evidence that he had Schizo Affective Disorder (Bipolar type), diagnosed in 2013/2014, with longstanding anxiety, paranoia and hypervigilance, and that he had been awarded PIP because of the condition.

The respondent accepted that he had a mental impairment that was long term, but argued that the effect on normal day-to-day activities was not substantial, relying in part on an occupational health questionnaire in which he said he could do normal activities outside work. The tribunal preferred the claimant's evidence and that of Ms Hughes, found that the impairment caused a substantial adverse effect on sleep, hygiene, social interaction, shopping, travel and other daily activities, and held that coping strategies and medication did not prevent the effect from meeting the statutory definition when the effects of treatment were disregarded. No financial remedy was determined because the hearing was confined to disability status.