Claimant v City of Edinburgh Council

Outcome

Facts

Mr Singh, a Building Surveyor employed by the City of Edinburgh Council since December 2017, was notified in 2018 of an investigation into misconduct allegations. He went off sick in June 2019 with work-related stress and remained absent through to the date of the preliminary hearing. From April 2019 onwards he experienced anxiety, disrupted sleep, poor concentration, low mood, impotence, tremors, and social withdrawal. He was prescribed Sertraline (antidepressant), Propranolol (beta-blockers) and Amitriptyline (for tension headaches) from 2019 onwards, with some gaps in prescription. He attended mental health courses offered by Wellbeing Services Glasgow and Inner Space Glasgow. He brought claims under the Equality Act 2010 sections 13, 15 and 20, alleging the respondent failed to progress disciplinary and grievance processes and failed to make reasonable adjustments from July 2022 onwards.

Decision

The tribunal determined that Mr Singh was a disabled person within the meaning of section 6 of the Equality Act 2010 during the material period (July 2022 to June 2023). The tribunal found he had a mental impairment that had substantial and long-term adverse effects on his ability to carry out normal day-to-day activities such as sleeping, reading, concentrating, and engaging in social interaction. The tribunal rejected the respondent's argument that the claimant's condition was merely an adverse reaction to circumstances rather than a mental impairment, noting the substantial nature and longevity of the effects. The tribunal accepted the claimant's evidence despite gaps in GP notes and some periods without prescription.

Practical note

Legal authorities cited