Lothian Health Board

Case Summary

A preliminary hearing at the Employment Tribunal (Scotland) to determine whether the claimant was a disabled person within the meaning of the Equality Act 2010. The tribunal found that the claimant was disabled from October 2024 onwards by virtue of a stress/anxiety condition, following evidence from the claimant and consideration of medical records and occupational health reports.

The tribunal found that although the claimant had not originally pleaded stress and anxiety, an amendment was allowed. Based on the claimant's clear evidence about the impact of stress and anxiety, occupational health reports, early prescription of antidepressants, and the condition lasting more than a year, the tribunal concluded there was sufficient evidence that the stress/anxiety condition was persistent and substantially limited the claimant's normal day-to-day activities from October 2024 onwards.

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• •Whether the claimant was a disabled person in terms of Section 6 of the Equality Act 2010
• •Whether the claimant was disabled by virtue of epilepsy
• •Whether the claimant was disabled by virtue of brain damage/stroke effects
• •Whether the claimant was disabled by virtue of heart condition/hypertension
• •Whether the claimant was disabled by virtue of work-related stress and depression
• •The date from which the claimant qualified as disabled in relation to stress/anxiety

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