Mr T Olszewski v Limited (in Liquidation) — 2026

This public preliminary hearing addressed whether Mr T Olszewski was disabled between 19 May and 5 August 2025 for the disability discrimination issues in his claim. The respondent contested the start date, but the tribunal took the claimant's case at its highest because that dispute was not relevant to the preliminary issue. The tribunal did not decide whether the respondent caused his mental ill-health or determine liability for any alleged discrimination.

Mr Olszewski injured his toe at work on 6 March 2025. His resulting absence and reduced income led to stress, anxiety, disturbed sleep, fatigue and worry. After the respondent moved him from the night shift to the lower-paid day shift in May 2025, he attended his GP on 2 June with low mood and insomnia linked mainly to workplace stress and childcare. He was certified unfit for work with depression, prescribed escitalopram and melatonin, and referred for further support. The tribunal found that he had the mental impairment of anxiety, low mood and depression from around the start of June 2025.

The tribunal accepted that after 2 June Mr Olszewski did less childcare and shopping, needed prompting to wash and dress, and could not work or follow his usual sleep and social routines. These effects were substantial because they were more than trivial, lasted for a lengthy period, changed his family and daily routines, and required medication and help from his GP, an occupational therapist and a support worker. The tribunal treated his missed occupational therapy appointments as neutral because the evidence did not show whether they reflected improvement or a decline in his health.

As at 5 August 2025, the effects had not lasted for 12 months. A GP letter dated 3 November 2025 said that the condition had the potential to last longer than 12 months or to recur or remit. Applying the "could well happen" threshold, the tribunal found that this amounted to a sufficient possibility that the effects would last for 12 months or recur. It also noted that there was no sign of improvement when Mr Olszewski was dismissed on 5 August and that he had then been ill for at least two months.

The tribunal concluded under section 6 of the Equality Act 2010 and the Goodwin test that Mr Olszewski was a disabled person between 19 May and 5 August 2025 in respect of depression. The substantive disability discrimination issues were not decided, and no remedy was determined in this judgment.