Miss T Andrew v Parkcare Homes (No.2) Limited — 2021

This was a preliminary hearing to decide whether Miss T Andrew had a disability for the purposes of the Equality Act 2010 at the relevant time, agreed to be November 2019 to January 2020. The claimant relied on anxiety. Employment Judge Kelly, sitting alone, found that she did not have a disability and dismissed the disability discrimination claim.

The tribunal accepted that the claimant had episodes of anxiety in 2015, January 2019, and again from November 2019 during a disciplinary process, and that she had been prescribed Propranolol on some occasions. It also accepted that she experienced effects such as difficulty sleeping, avoiding crowds, avoiding public transport unaccompanied, and not wanting to leave the house unless accompanied. However, the tribunal did not accept that every asserted effect amounted to a substantial adverse effect, and it distinguished between effects that were substantial and those it regarded as not sufficient on the evidence.

On long-term effect, the tribunal found there was no evidence of a disability in 2015 because there was no evidence of a substantial adverse effect then, and in any event the episode appeared to be a short-lived reaction to adverse circumstances without an underlying condition. It found no impairment between the end of 2015 and the start of 2019, and concluded that the January 2019 episode lasted only one or two months at most. For November 2019 to January 2020, the tribunal found the anxiety arose from the disciplinary process and there was no medical evidence that it could well last 12 months, recur, or form part of an underlying condition likely to recur.

The tribunal referred to section 6(1) Equality Act 2010, section 212(1), Schedule 1 Part 1, the statutory Guidance, and the approach in J v DLA Piper UK and McDougall v Richmond Adult Community College. It concluded that the claimant had not shown a substantial and long-term adverse effect at the relevant time, and therefore was not disabled for Equality Act purposes.