Claimant v Wirral Borough Council

Outcome

Facts

The claimant worked as a part-time Museum Assistant for Wirral Borough Council from November 2018 until his dismissal in July 2023. He had a history of recurrent depression and anxiety dating back to 1997, with symptoms including low mood, sleep disturbance, poor concentration and altered appetite. He was intermittently prescribed anti-depressants but rarely took them for prolonged periods as he felt they did not help. He received counselling through the Employee Assistance Programme. He was absent from work due to anxiety and depression for two months in July-August 2021, but otherwise remained in work throughout the relevant period and in June 2021 expressed a wish to work more hours.

Decision

The tribunal found that while the claimant had a mental impairment with a long-term effect, it did not have a substantial adverse effect on his ability to carry out normal day-to-day activities. The effects on sleep, appetite and concentration were intermittent and minor. Occupational health reports confirmed he could manage day-to-day activities independently and was fit for work. He did not meet the definition of disability under s.6 Equality Act 2010, and his disability discrimination claims were therefore dismissed.

Practical note

Legal authorities cited