Comprehending how depression can qualify as a disability under section 6 of the EqA2010 is essential for both individuals experiencing mental health challenges and for organizations seeking to ensure compliance with equality legislation. The Equality Act 2010 (EqA2010) provides a framework for understanding various forms of discrimination, including those based on disability, which encompasses a wide range of mental health conditions, including depression.
This written judgement is particularly useful for gaining a comprehensive understanding of several critical aspects related to the classification of depression as a disability. Firstly, it elucidates the criteria under which depression may be recognized as a disability, emphasizing that the impairment must have a substantial and long-term adverse effect on the individual's ability to carry out normal day-to-day activities.
This definition is crucial as it sets the groundwork for legal recognition and protection for individuals suffering from depression.
Furthermore, the judgement highlights the importance of establishing the 'material time' when the impairment needs to be evidenced. This refers to the specific period during which the effects of the depression are assessed, ensuring that the Tribunal can accurately determine the severity and impact of the condition on the individual's life. Understanding this temporal aspect is vital for both claimants and legal representatives in preparing robust cases that effectively demonstrate the disabling nature of depression.
In situations where there is a conflict of evidence, the Tribunal is tasked with reaching a conclusion based on the balance of probabilities. This means that the Tribunal must weigh the evidence presented by both parties and decide which side is more likely to be true. The judgement provides insight into how Tribunals navigate these complexities, considering various testimonies and medical reports to arrive at a fair decision. This process underscores the importance of comprehensive documentation and credible evidence in establishing a case for depression as a disability.