Claimant v The Sempere Group Limited
Outcome
Individual claims
The tribunal found that the claimant was not a disabled person under Section 6 of the Equality Act 2010 at the relevant time. Although the claimant had a mental impairment of anxiety/depression between 22 September 2023 and 30 November 2023, there was insufficient evidence that it had a substantial adverse effect on his ability to carry out day-to-day activities during this period, and the condition had not lasted (nor was likely to last) for 12 months or recur. The claim for disability discrimination therefore cannot proceed.
The claim for failure to make reasonable adjustments was dismissed because the tribunal found that the claimant was not a disabled person at the relevant time, and therefore the duty to make reasonable adjustments was not triggered.
Facts
Mr Slater worked as a Regional Sales Manager for The Sempere Group Limited from 20 April 2023 to 30 November 2023. He disclosed on a pre-employment questionnaire that he had been prescribed sertraline for depression related to a failed business venture. During his employment his mental health worsened and he was prescribed increased medication and referred to talking therapies. On 22 September 2023 he disclosed to his line manager that he had recently been diagnosed with depression. On 12 October 2023 he was informed his employment would terminate on 30 November 2023 due to performance issues. He brought claims of disability discrimination.
Decision
The tribunal dismissed the claimant's disability discrimination claims on the basis that he was not a disabled person under the Equality Act 2010 at the relevant time. Although he had a mental impairment of anxiety/depression, he failed to provide sufficient medical evidence that it had a substantial adverse effect on his ability to carry out day-to-day activities between 22 September and 30 November 2023, and the condition had not lasted nor was likely to last 12 months or recur, as it arose from a one-off situational event.
Practical note
A claimant alleging disability discrimination must provide robust medical evidence not only of diagnosis but of substantial adverse impact on day-to-day activities at the material time; anxiety/depression arising from a situational one-off event may not satisfy the long-term duration requirement if likely to resolve once circumstances settle.
Legal authorities cited
Statutes
Case details
- Case number
- 6002591/2023
- Decision date
- 2 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Regional Sales Manager
- Service
- 7 months
Claimant representation
- Represented
- No