Parking Services Manager loses disability discrimination claim after tribunal finds no long-term impairment
A Parking Services Manager with anxiety and depression was not disabled under the Equality Act 2010, the tribunal ruled, striking out his discrimination claims.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a Parking Services Manager from 1 April 2015 until dismissal on 1 March 2021.
- He was signed off work from 30 March 2020 to 8 June 2020 due to anxiety and depression triggered by his grandfather's illness and relationship breakdown.
- He returned to work on a phased return and did not report any ongoing difficulties to his manager or GP between June and October 2020.
- On 26 October 2020, he was informed of allegations that he had failed to pay for parking on 14 occasions.
- He was dismissed for gross misconduct on 1 March 2021 after a disciplinary hearing.
- The tribunal found that the claimant's impairment did not have a substantial adverse effect that was long-term at the relevant times.
Timeline
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Diagnosis of mixed anxiety and depressive disorder
Claimant diagnosed by GP and prescribed Citalopram; symptoms resolved by end of July 2010.
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Signed off work
Claimant signed off work due to anxiety and depression triggered by grandfather's illness and relationship breakdown.
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Return to work on phased basis
Claimant returned to work with a phased return plan; he did not report any difficulties to his manager.
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Confirmed 'all good' to manager
Claimant told his manager he was managing well; phased return completed.
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First failure to pay for parking
Claimant parked without paying on 14 occasions between 1 September and 19 October 2020.
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Meeting about parking allegations
Claimant informed of allegations of failing to pay for parking; he was suspended on full pay.
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GP consultation after suspension
Claimant reported forgetfulness due to anxiety; prescribed Propranolol.
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Signed off work again
Claimant signed off work due to anxiety and depression; remained off until January 2023.
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Dismissal for gross misconduct
Claimant summarily dismissed after disciplinary hearing for failing to pay for parking.
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Appeal dismissed
Appeal against dismissal upheld.
The legal issue
The tribunal had to decide whether the claimant's anxiety and depression amounted to a disability under section 6 of the Equality Act 2010, specifically whether the impairment had a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.
The outcome
The tribunal dismissed the claimant's disability discrimination claims at a preliminary hearing, finding he was not a disabled person at the material times.
Key reasons:
- The claimant's anxiety and depression were triggered by life events (grandfather's illness, relationship breakdown) and resolved within a few months.
- Between June and October 2020, he returned to work, completed a phased return, and reported no ongoing difficulties to his manager or GP.
- The impairment did not have a substantial adverse effect that lasted or was expected to last 12 months.
No compensation was awarded as the claims were struck out.
Lessons & takeaways
- To claim disability discrimination, you must show your impairment has a substantial and long-term adverse effect on day-to-day activities.
- A diagnosis of anxiety or depression alone does not automatically mean you are disabled under the Equality Act 2010.
- If symptoms resolve within a few months and you return to normal functioning, you may not meet the 'long-term' test.
- Keep medical records that show the duration and impact of your condition to support a disability claim.
What this case shows
This case illustrates the importance of meeting the legal definition of disability before bringing a discrimination claim. The claimant, a Parking Services Manager with six years' service, suffered from anxiety and depression triggered by his grandfather's illness and a relationship breakdown. He was signed off work for about 10 weeks in spring 2020, then returned on a phased basis and told his manager he was 'all good'. By the time he was dismissed for misconduct in March 2021, his symptoms had largely resolved.
The tribunal focused on the relevant dates of alleged unfavourable treatment — from June 2020 to March 2021. At those times, the claimant was not reporting significant difficulties, and his GP records showed no ongoing treatment beyond a short prescription. The tribunal concluded that his impairment did not have a substantial adverse effect that was long-term (lasting or expected to last 12 months or more).
What the respondent did right
Crawley Borough Council successfully argued that the claimant's condition was a temporary reaction to life events, not a long-term disability. They provided evidence from the claimant's own GP records and his own statements that he was managing well after his return to work. The tribunal agreed that the impairment did not meet the threshold for disability.
Why this matters
For employees, this case is a reminder that not every mental health condition qualifies as a disability. The Equality Act 2010 requires a substantial and long-term effect. If symptoms resolve within a few months and you return to normal functioning, you may not be protected. Keeping detailed medical records and seeking ongoing treatment can help demonstrate the duration and impact of your condition. For employers, it shows that challenging the disability status at a preliminary hearing can be an effective way to dispose of weak discrimination claims.
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