Callum Kane, 40, a cleansing operative for Edinburgh Council, appeared at a preliminary hearing at the Edinburgh Employment Tribunal on Thursday, January 8.
17:11, 08 Jan 2026Updated 17:13, 08 Jan 2026
Callum Kane believes he was discriminated against due to his mental health.(Image: Edinburgh Live )
An Edinburgh street cleaner is trying to sue council bosses for disability discrimination – claiming he was suspended from work because of his seasonal depression.
Callum Kane, 40, a cleansing operative for the Edinburgh Council, appeared at a preliminary hearing at the Edinburgh Employment Tribunal on Thursday, January 8. He told the court he has suffered from symptoms of depression and Seasonal Affective Disorder (SAD) after his friend passed away in 2019.
Mr Kane went on to say that while it wasn’t included in his original claim, he has since been diagnosed with complex PTSD and claimed the council knew he was experiencing PTSD symptoms – as they were allegedly highlighted in a report from an Occupational Health worker in March of 2021.
He described his symptoms as “severe” and said he had trouble sleeping, eating and looking after his personal hygiene. In addition, Mr Kane claimed he also started to put on weight and suffered from gastrointestinal issues which he believes were physical symptoms of his depression.
Mr Kane added: “My mind is working against my physical health.”
However, the council’s lawyer, Scott Milligan, claimed “simply saying it’s all linked to mental health is not sufficient” and that there is insufficient evidence the “adverse effects are substantial.”
In a cross-examination Mr Milligan asked Mr Kane if his mental health problems were “a result of drinking, binge drinking and cocaine and not depression” and said there was no reference to a 2019 diagnosis of depression and SAD submitted to evidence.
Mr Kane said that in the past he was “self-medicating” and that depression and SAD fall under the umbrella of mental health, which he says had been mentioned in evidence provided.
First starting medication in 2021, Mr Kane has since completed “three or four” courses of medication over the years. After being diagnosed with the Post Traumatic Stress Disorder last summer his dosage was increased.
The court heard how work related stresses were a factor in his “fluctuating” mental health problems and that he was suspended after he filed a grievance citing his mental health problems. He said what followed was “targeted” discrimination against him and his subsequent suspension.
He said that throughout the period of time between 2019 and 2025, his mental health has been “trivialised”, “questioned” and that it became a “sense of hilarity” in the workplace.
Judge Muriel Robertson heard the evidence at the preliminary hearing. She will deliver a final decision on Mr Kane’s disability status and whether the tribunal will continue to hear his case.