EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8002974/2025 Held in Edinburgh on May 2026 Employment Judge M A Macleod Ms K Anderson v HBOS plc — 2026

At a preliminary hearing, HBOS plc conceded that Ms Anderson was disabled within section 6 of the Equality Act 2010 by reason of Autism Spectrum Disorder and Attention Deficit Hyperactivity Disorder, but disputed whether anxiety and depression also amounted to a disability. The Tribunal granted Ms Anderson's application to amend her case to rely on anxiety and depression, applying the Selkent principles. It found that the amendment was limited, arose at a relatively early stage, did not introduce a new head of claim or significant new facts, and caused less prejudice to the respondent than refusal would cause to the claimant.

The Tribunal found that Ms Anderson was formally diagnosed with anxiety and depression on 18 September 2024 and remained prescribed Sertraline through the hearing. Her symptoms included low mood, anxiety, anger, fatigue, reduced enjoyment of leisure time, avoidance of social situations and effects on family life. Her condition worsened after she was informed in October 2025 that her role was at risk of redundancy. Although her sickness absence was low, the Tribunal accepted that she attended work while experiencing anxiety and depression and was assisted by medication.

Applying section 6 of the Equality Act 2010 and the four questions identified in Goodwin v The Patent Office, the Tribunal found a mental impairment with a substantial adverse effect on normal day-to-day activities. In assessing the effect, it considered how Ms Anderson would have been affected without medication in accordance with the deduced-effects approach discussed in Woodrup v London Borough of Southwark. It found that the impact was more than minor or trivial despite fluctuating during the relevant period.

The Tribunal concluded that the impairment was long term because it had lasted throughout the relevant period, identified as 9 September 2024 until notice of redundancy was issued on 30 April 2026, and Ms Anderson remained on medication at the hearing. It therefore determined that she was a disabled person by reason of anxiety and depression at the material time. The judgment did not determine liability for disability discrimination or unfair dismissal and made no monetary award; a further case-management preliminary hearing was to be arranged to finalise the List of Issues.