Case 8002054/2025 · Employment Tribunal
Mr Barry Sheridan v Respondent — 2026
- Case reference
- 8002054/2025
- Decision date
- 15 April 2026
- Jurisdiction
- Scotland
- Judge
- Employment Judge J Hendry
Parties
1 namedClaimant
Mr Barry Sheridan
Respondent
- —
Key findings
Tribunal's reasoningAt the preliminary hearing on 13 March 2026, the Tribunal considered whether Mr Barry Sheridan was disabled within s.6 of the Equality Act 2010 by reason of brain damage or the effects of strokes, a heart condition or hypertension, and work-related stress and depression. The respondent had accepted that he was disabled due to epilepsy. The Tribunal allowed an unopposed amendment adding work-related stress and depression as an impairment relied upon.
In relation to brain damage and stroke, the Tribunal accepted that Mr Sheridan had experienced strokes and reported missing words in written material and minor effects involving his right arm. It found insufficient medical or corroborative evidence connecting the reported difficulties to the strokes, establishing their frequency or seriousness, or showing an effect that was more than minor or trivial. It also found that the prescription of prophylactic medication did not, without medical evidence about the relevant risk, establish the required deduced effect. Disability on those grounds was therefore not established.
The Tribunal found that the small hole in Mr Sheridan's heart had been asymptomatic, was closed successfully in February 2023, and had not been shown to have a substantial effect on normal day-to-day activities. There was also scant evidence that hypertension caused such an effect, or evidence establishing what would occur if medication ceased. The heart condition and hypertension were not established as qualifying disabilities, either separately or together.
For stress and anxiety, the Tribunal accepted Mr Sheridan's evidence about difficulties with sleep, concentration, motivation and work-related tasks, supported to an extent by GP and occupational health records. It did not find sufficient evidence that he was disabled from February 2023, when the condition could still have been a relatively temporary response to health and workplace difficulties and had not been shown likely to be long term. It concluded that, by October 2024, the work-related stress/anxiety condition was persistent, required workplace adjustments and a phased return, and was likely to last at least 12 months. Mr Sheridan was therefore a disabled person from October 2024 onwards by virtue of that condition.
The Tribunal applied the statutory requirements of a physical or mental impairment having a substantial and long-term adverse effect on normal day-to-day activities, including relevant general work activities, and considered the deduced effect of medication. It did not determine the merits of the substantive disability discrimination claim or award any remedy. The case was to proceed to a final hearing.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | This judgment determined only the preliminary issue of disability status under s.6 Equality Act 2010. The claimant was found to be disabled from October 2024 onwards by virtue of a stress/anxiety condition. Stroke/brain damage and heart condition/hypertension were not established as qualifying disabilities. The merits of the disability discrimination claim were not determined, and the case was to proceed to a final hearing. | Other | Disability | — |
Legal tests applied
11 references- s.6 Equality Act 2010 disability test
- s.212(1) Equality Act 2010: substantial means more than minor or trivial
- Schedule 1 Equality Act 2010
- Guidance on matters to be taken into account in determining questions relating to the definition of disability (2011)
- deduced effect of medication
- normal day-to-day activities test
- Chacón Navas v Eurest Colectividades SA
- Paterson v Commissioner of Police of the Metropolis
- Aderemi v London and South Eastern Railway Ltd
- Banaszczyk v Booker Ltd
- HK Danmark v Dansk almennyttigt Boligselskab
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.