In person For the v Respondent — 2019

The tribunal heard a disability-only issue in relation to the Equality Act claims. The claimant had withdrawn any contention that she was disabled by PTSD, and the respondent had conceded that she was disabled at the material time by dyspraxia, so the remaining question was whether she was also disabled because of severe anxiety. The tribunal recorded that a specific diagnosis was not necessary to establish an impairment.

On the facts, the tribunal found that after an incident on 19 January 2018 the claimant developed anxiety with effects including staying in her bedroom or house, difficulty eating, not showering, avoiding shops and her dog walk, difficulty facing confrontation, difficulty speaking to people, low concentration, and greater confusion and forgetfulness. It relied on the claimant's evidence and two Occupational Health reports dated 15 March and 22 May 2018, both of which recorded anxiety and stress symptoms and indicated that she was unfit for work at that stage.

Applying section 6 of the Equality Act 2010 and Schedule 1, the tribunal held that the claimant had an impairment, that it had a substantial adverse effect on normal day-to-day activities, and that it could well last at least 12 months. It found that the substantial adverse effect continued through the material time, including the dismissal on 27 March 2018 and the appeal in June 2018, and concluded that the claimant was disabled by reason of severe anxiety from shortly after 19 January 2018 until June 2018.