Employment Judge HousegoIn person for claimantDate 23 August 2024
JUDGMENT
[1]The Claimant has not shown that he is disabled.[2]The claim is struck out.
REASONS
[1]This preliminary hearing was ordered by EJ Park at a Case Management Hearing on 02 May 2024. Its sole purpose was to determine whether the Claimant was disabled, as he claims, by anxiety and depression at the material times.[2]The Case Management Orders were made orally and recorded in writing. The Order was prepared by EJ Park on the day of that hearing, 02 May 2024, but not sent to the parties until 08 July 2024. The Claimant was at the hearing and so knew what the Order required him to do. He accepted that he received the Order on 08 July 2024 (it was sent by email).[3]That Order required the Claimant to file an impact statement, and gave clear instruction of what was required, with guidance. He was required to do this by 06 June 2024. No such impact statement has been prepared or filed. I asked why, and the Claimant said that he was not experienced at litigation and must have missed it.[4]The Order also required him to file GP notes by 06 June 2024. The Claimant had not done so, and he had made no request to his GP for those notes. He did not say that he had received treatment from his GP. He had no explanation as to why he had not done so.[5]On 04 July 2024 the Respondent filed an addendum Grounds of Resistance which contained its position on disability. The relevant part is: “6. In support of his disability claim, the Claimant has provided a GP hub report which shows one entry on 8 September 2022 indicating: 1) reporting of low mood, depression and stress; 2) a link was provided for talking therapy; and 3) the Claimant declined short term diazepam. On the basis there is one GP entry, no medication and no impact statement, it is denied that the Claimant had a mental impairment which was long term and had a substantial adverse effect on his ability to perform normal day to day activities (pursuant to s6 EqA 2010).”[6]I am entirely satisfied that the Claimant has had ample opportunity to present evidence to support his claim that he has anxiety and depression to the extent that it qualifies as a disability, and that the need for him to do so was clearly expressed to him first orally by EJ Park, secondly in the Respondent’s document sent to him on 04 July 2024 and thirdly in the Case Management Order sent to him on 08 July 2024.[7]The Claimant has failed to provide evidence either from a medical professional or in the form of an impact statement, and his explanation, that he “must have missed it” is not credible.[8]The only evidence provided by the Claimant was a printout of a GP HUB report of a visit he made there on 08 September 2022. This states that it is an out of hours centre. The Claimant says that it is based at his GP surgery.[9]This records at its start: “Actions for home GP: No actions required by home GP”.[10]The note of the consultation (presumably typed in real time) is: “08-Sep-2022 18:50 Face to face consultation (BHR GP Solutions) ASHKIR, Liban (Dr) Problem: Telephone encounter (First) History Provision of advice, assessment or treatment limited due to COVID19 pandemic states has been going through 'bouts of depression' see GP consult March re: low mood. outcome was for pt to consider SSRI. pt did not have FU appt states for last few weeks mood has been low has been overthinking, restless no suicidal thoughts or thoughts of self harm - protective factor children struggling with housework and cleaning - low motivation lives alone has few friends he speaks to works as automotive engineer- was promised pay rise which hasn't materialised states happy at company but finding it frustrating discussing pay rise states does not want pharmacological management for low mood good appetite poor sleep - twisting turning at night/struggles to switch off. getting 3hrs sleep. does not smoke drinks alcohol socially - never to excess Comment: declined short term diazepam suggest IAPT - text sent with details has crisis team details suggest Headspace advised to arrange FU with own GP Examination normal speech - rate and volume low risk to self and others incl children”[11]The Doctor followed up with a short text message: “Comment; Patient mobile telephone number [removed] SMS text message sent to patient Dear Mr Daniels, Please follow link for Talking Therapy. I also suggest you download Headspace, the mindfulness and meditation app. https://www.talkingtherapies.nelft.nhs.uk/havering/Thanks, Dr Ashkir BHR GP Solutions”[12]No other medical or other information was provided by the Claimant. There is nothing to suggest that the Claimant followed up with his GP, as advised, was ever prescribed medication, or started to use Headspace or use the link for Talking Therapy.[13]The Claimant wrote in his further and better particulars that “The condition relied upon was diagnosed on the 8th September 2022 by a medical professional”. I conclude that there is no other evidence available to the Claimant other than this one note.[14]The burden of proving that he has a disability is on the Claimant.[15]The Claimant has failed to show that he meets the definition of disability in the Equality Act 2010. He has shown only that on one occasion he felt low and went to see a doctor. There is nothing capable of showing that the effect on the Claimant was substantial (as defined in the Equality Act 2010) or that it had lasted, or was likely to last, for 12 months.[16]As the entirety of the claim depends on the Claimant having a disability, I struck out the claim.