Ms A Lingham v NHS Devon Integrated Care Board — 2023

Ms A Lingham worked for NHS Devon Integrated Care Board from 22 June 2020 until her resignation on 9 January 2022. She brought claims of discrimination arising from disability, sex-related harassment and victimisation. The hearing was an open preliminary hearing focused on whether she was disabled under s.6 EqA 2010 and whether the harassment and victimisation claims were in time.

On the disability issue, the tribunal accepted that from mid-August 2021 the claimant was struggling with a new role, Mr Pearson’s management and personal issues, and that she first expressly reported anxiety on 20 October 2021. It also accepted that she improved after moving to the Winter Room on 1 November 2021, and that occupational health on 22 November 2021 recorded no underlying medical condition and no current instability. Applying s.6 and Schedule 1 EqA 2010, the tribunal found that she had not shown a mental impairment with a substantial and long-term adverse effect at the material time, and that the anxiety was work-related stress rather than a qualifying disability. The disability discrimination claim was dismissed.

On the sex harassment complaint, the only relied-on incident was a comment by Mr Pearson around 18 August 2021. The tribunal held that the claim was presented outside the s.123 EqA time limit, but it was just and equitable to extend time because the claimant was unrepresented, had tried to resolve matters internally, contacted EHRC and then ACAS on advice, and the respondent was not prejudiced. The harassment claim was therefore allowed to proceed, but no finding was made on the merits at this hearing. The victimisation claim was also treated as in time after the respondent conceded that the 27 October 2021 conversation with Marianna Brojevic-Gray was a protected act; that claim likewise remained to be determined on its merits.