Must a claimant relying on a recurrent condition as a disability under the Equality Act 2010 (‘EqA 2010’) prove that the condition had a substantial adverse effect in both the previous occurrence and the current circumstances? Yes, according to HHJ Beard in Connor v Chief Constable of South Yorkshire Police [2024] EAT 175, in a judgment that also offers guidance on the use of informal medical evidence in disability discrimination claim under s.15 EqA 2010.
The facts
The claimant was a civilian employee with the police who was summarily dismissed for
accessing pornography on the respondent’s computers. He relied on his health as mitigation
for the admitted misconduct. At trial, the respondent conceded that the claimant was disabled
with depression but only from the date of his suspension in February 2019 and no earlier.
The Employment Tribunal’s judgment
The Employment Tribunal found that while the claimant suffered from work-related stress and
anxiety between 2011 to 2019, he was not disabled with depression until his suspension in
February 2019. Even if the claimant had depression prior to that, the condition did not have a
substantial impact on his ability to carry out day to day activities. The Tribunal concluded that
the dismissal was in any event justified by the need to maintain behaviour standards and public
expectations.
Comment
Where disability is disputed, claimants are expected to provide a disability impact statement
and supporting evidence for the Tribunal to consider at either a preliminary or final hearing.
Such evidence tends to focus on the claimant’s symptoms and challenges at the time of the
alleged discrimination. The judgment in Connor highlights that where claimants rely on the fact
that a condition (such as depression) has recurred, the picture will be incomplete if the
evidence fails to establish the previous occurrence of the condition and its effects. Put another
way, a claimant relying on the effects of a condition that has in fact recurred must prove
disability pursuant to s.6 and Sch.1 para 2 of the EqA 2010 on two separate occasions over a
period of 12 months or longer.