Mr C Green (Counsel) For the v Mr B Patel (Head of HR) — 2023

At a preliminary hearing on 23 May 2022, the tribunal considered whether the claimant was disabled at the material time by reason of claustrophobia for the purposes of section 6 of the Equality Act 2010. The claimant said her condition had affected her since childhood and related to anxiety and fear about restricted breathing, having her nose and mouth covered, and being in small or enclosed spaces. She said mask wearing and certain care duties were difficult, and she had used natural or holistic approaches rather than prescribed treatment; the tribunal noted there was no formal diagnosis and no GP advice or medication for claustrophobia.

The tribunal applied the statutory definition of disability and the four questions identified in Goodwin v Patent Office. It accepted that the claimant experienced anxiety and fear, and it accepted that wearing a face mask, getting into lifts, and shopping were normal day-to-day activities. It also accepted that the impairment was long-term, as the claimant said the symptoms had been present since she was a child and the tribunal found the condition had lasted more than 12 months.

The decisive issue was substantial adverse effect. The tribunal was not satisfied that the claimant's claustrophobia had a substantial adverse effect on her day-to-day activities. It described the effects as minor, noting that many people avoid crowded lifts and do some shopping online. On that basis, the tribunal held that the claimant was not a disabled person within the meaning of the Equality Act 2010, so the disability discrimination claim failed and was struck out. The remaining claims were left listed for final hearing in October 2023.