Mr C Kilshaw v Santander UK plc — 2022

The hearing was limited to whether the claimant was disabled within the meaning of section 6 and Schedule 1 Equality Act 2010 at the material time, identified as the respondent's decision to dismiss him on 19 November 2020. The only discrimination allegation was that dismissal amounted to unfavourable treatment arising from disability.

The tribunal accepted that symptoms of mental ill health may amount to a mental impairment if the rest of the statutory test is met. It considered the claimant's GP records, impact statement and oral evidence, including evidence of poor sleep, waking with a racing heart, lack of self-care, avoiding communication, and periods of mental ill health from 2013 to 2020.

The tribunal found that the claimant had not proved a substantial and long-term adverse effect on normal day-to-day activities at the material time. It found insufficient evidence about the extent and duration of sleep problems, self-care difficulties and avoidance of communication, and insufficient evidence of symptoms lasting or being likely to last 12 months, or of a recurring disability. The claimant was therefore found not to be disabled in November 2020 and the disability discrimination claim was dismissed.