Mr Gerard Campbell v Represented by: Mr R Byrom Solicitor South Lanarkshire Leisure and Culture Trust — 2021

This judgment was a preliminary hearing in Mr Gerard Campbell's case against South Lanarkshire Leisure and Culture Trust. The issue for determination was whether he was a disabled person within section 6 Equality Act 2010 at the material time of the alleged discriminatory acts. The respondent accepted that he had an impairment of stress and anxiety, but disputed that it had a substantial and long-term adverse effect on normal day-to-day activities.

The tribunal heard from Mr Campbell, his wife and Dr Millings, a Consultant Clinical and Counselling Psychologist. It accepted that Mr Campbell had experienced a series of personal and work-related stressors from 2016 onwards, that he was diagnosed with stress and anxiety in October 2017, and that he was prescribed Sertraline and saw Dr Millings in late 2017. The tribunal also accepted evidence that by the material period he had problems with sleep, concentration, memory, decision-making and confidence, and that he withdrew from some social situations and struggled with tasks such as writing reports, participating in meetings and engaging with employees.

Applying section 6 Equality Act 2010 and the approach in Goodwin v The Patent Office and Cruickshank v VAW Motorcast Ltd, the tribunal held that the claimant's impairment had a substantial effect because it was more than minor or trivial, and that it was long term because the effects had lasted at least 12 months and he remained on antidepressant medication. It also accepted Dr Millings' evidence that, if treatment were disregarded, the adverse effects would have been greater, and that there was a high likelihood of recurrence. The tribunal therefore found that Mr Campbell was disabled at the material time. This decision did not decide the merits of the underlying unfair dismissal, wrongful dismissal or disability discrimination claims.