Mr Donald Reid v LLP — 2018

Mr Donald Reid worked for City Property (Glasgow) LLP from 31 January 2011 to 4 May 2017 as Head of Operations. This judgment dealt with a preliminary issue only: whether he was a disabled person under section 6 of the Equality Act 2010. The respondent ultimately accepted disability from later dates, but Mr Reid contended that his major depression, diagnosed by his GP on 24 March 2016, satisfied the statutory test from that date.

The tribunal accepted Mr Reid's evidence about the impact of his condition. It found that he experienced severe fatigue, difficulty getting out of bed, reluctance to leave the house, panic attacks, withdrawal, low self-worth, and an inability to continue sport. The tribunal also noted occupational health reports in July and September 2016 which referred to personal and workplace stressors, and it accepted that medical treatment and therapy were helping him recover. In applying the statutory test, the tribunal said that treatment effects had to be ignored when assessing whether the impairment had a substantial adverse effect.

Applying section 6 and Schedule 1 of the Equality Act 2010, the tribunal held that the impairment had a substantial adverse effect on normal day-to-day activities and that the effect was long term. It concluded that, as at March 2016, it was likely to last at least 12 months, and found that Mr Reid became a disabled person on 24 March 2016. The judgment does not determine liability on the unfair dismissal or protected disclosure allegations, and it records no remedy award.