Claimant v Driver and Vehicle Standards Agency

The tribunal judgment expressly states: 'For the avoidance of doubt the complaint of unfair dismissal is unaffected by this Judgment and can proceed to a final hearing.' This preliminary hearing addressed only disability status, not the merits of the unfair dismissal claim.

The tribunal found the claimant was not a disabled person within the meaning of s.6 Equality Act 2010. Although his C-PTSD had substantial adverse effects from October 2023 to April 2024, these effects were not 'long term' as they did not last or were not likely to last 12 months, nor were they likely to recur based on the evidence available. Without establishing disability status, the discrimination claims could not succeed.

The tribunal found the claimant was not a disabled person within the meaning of s.6 Equality Act 2010. The substantial adverse effects of C-PTSD lasted approximately six months (October 2023 to April 2024) and resolved following treatment. There was insufficient medical evidence to establish that effects were likely to last 12 months or likely to recur at the relevant time.

The tribunal dismissed all disability discrimination claims because the claimant did not satisfy the statutory definition of disability. His C-PTSD symptoms, while substantial for a period, were not long-term when assessed at the relevant dates (October 2023 to July 2024). Medical evidence showed symptoms resolved by April 2024 following treatment, and there was no evidence they could well last 12 months or recur.

All disability-related claims were dismissed following the tribunal's finding that the claimant was not a disabled person at the relevant time. The tribunal found that while C-PTSD had substantial adverse effects for approximately six months, these were not long-term: they resolved with treatment by April 2024, and there was insufficient evidence to establish they could well last 12 months or were likely to recur.