Mr. N Smith, the claimant, brought a case against Royal Mail Group Ltd, heard remotely by the Watford Employment Tribunal on 17 August 2021, with Employment Judge Quill presiding. Representing himself, Mr. Smith argued his status as a "disabled person" under the Equality Act 2010 since at least 6 March 2017. The hearing involved a detailed examination of Mr. Smith's medical history, including anxiety-related episodes documented by GP records and sick notes dating back to 2004. The tribunal considered whether his anxiety constituted a substantial and long-term impairment affecting his daily activities, as defined by the Equality Act.
Particular attention was paid to section 6(4) EA 2010, which states, "A person who has been disabled retains the protected characteristic of disability." This is crucial in cases of intermittent depression, raising the question of whether a claimant should be protected by the act during remission periods.
Mr. Smith described severe anxiety symptoms, such as social discomfort and difficulty performing day-to-day activities. His condition peaked in December 2016, leading to medication and mental health support. Despite returning to work, he continued medication and avoided driving duties due to anxiety and medication side effects. The tribunal accepted his account that his anxiety significantly impacted normal activities like driving and socializing, with recurring episodes since 2006. By March 2017, it was likely these severe effects would recur, affirming his disability status under the section 6(4) EA 2010.
This case is crucial for employees with depression and/or anxiety who are building a discrimination case at work, as it provides insight into the type of evidence that will assist the Tribunal in reaching a fair decision.