Mr G Stewart v Rolls-Royce plc — 2021

The Claimant brought complaints including disability discrimination, relying on depression as the alleged disability. The Respondent did not concede disability status. The preliminary hearing was listed to decide whether the Claimant was disabled within s6 Equality Act 2010 during the relevant period, which the Tribunal identified as 18 December 2019 to 13 August 2020, covering the disciplinary process from suspension to appeal outcome.

The Tribunal proceeded on the basis that the Claimant had an impairment, but found that he had not proved the adverse effects were long-term. There was no pre-existing condition, the relevant process lasted about eight months, and the contemporaneous GP and occupational health documents did not provide evidence from which the Tribunal could conclude that any substantial adverse effects were likely to last at least 12 months.

The Tribunal also found insufficient evidence of substantial adverse effects on normal day-to-day activities. The Claimant did not attend to give evidence, and the contemporaneous documents recorded symptoms in brief terms but largely did not describe effects on day-to-day activities. The Tribunal therefore held that the Claimant had not established disability status and dismissed the Equality Act claims for want of jurisdiction.