Ms. Darja Gurvic v DAU Draexlmaier Automotive UK Limited — 2023

The claimant brought claims of unfair dismissal and disability discrimination, but this hearing was a preliminary issue to determine whether she was a disabled person within section 6 of the Equality Act 2010 by reason of anxiety. The tribunal heard evidence from the claimant, reviewed the agreed bundle of medical records, and refused an application to adduce a late psychiatric report dated 28 October 2022.

The tribunal found that the claimant had a short episode of anxiety in 2015/2016 from which she recovered without substantial long-term effects. It accepted, however, that her symptoms returned by 2019 and intensified in October and November 2020, when she made repeated GP, ambulance and hospital attendances with symptoms including palpitations, chest pain, dizziness, panic attacks and shortness of breath. Multiple investigations, including blood tests, ECG, MRI and CT scans, found nothing abnormal, and the medical records repeatedly linked her symptoms to anxiety and mental health treatment.

Applying section 6 Equality Act 2010, section 212, the Goodwin approach and the 'could well happen' test from Boyle v SCA Packaging Ltd, the tribunal held that anxiety was a mental impairment which had a substantial effect on normal day-to-day activities and that the effect was long term. It found that, from 15 October 2020, the substantial adverse effects were likely to last for more than 12 months. The tribunal therefore held that the claimant was disabled for Equality Act purposes at all relevant times. No merits findings on unfair dismissal or the substantive discrimination allegations were made in this judgment, and no monetary remedy was determined.