Mr Callum Kane v The City of Edinburgh Council — 2026

The preliminary issue was whether the claimant was a disabled person under section 6 of the Equality Act 2010 and from what date. The tribunal heard evidence from the claimant only. The respondent's application to add a time limit issue had been granted, but that issue was deferred and not determined at this hearing.

The tribunal accepted that the claimant had the mental impairment of depression. It did not accept that seasonal affective disorder was established on the evidence, and noted that PTSD was not relied on as an impairment in this case. The tribunal found the claimant's evidence broadly credible and reliable, while noting limitations in the medical evidence because only extracts of occupational health and GP reports had been lodged.

The tribunal found that the claimant's depression affected normal day-to-day activities, including getting out of bed, washing, sleeping, leaving the house, using public transport and attending crowded environments when symptoms were severe. Although the condition fluctuated and symptoms were not continuous, the tribunal found the adverse effect was substantial and long term, taking account of recurrence, medication, and occupational health evidence. It concluded that the claimant was disabled by reason of depression at the material time, from May 2024 to date, and that the claim should proceed to a final hearing.