Ms K Ogieglo v First West of England Limited — 2023

The claimant worked for First West of England Limited as a bus driver from 23 September 2019 until her dismissal on 12 August 2022. After the assault on 11 July 2021, she relied on anxiety, depression/depressive disorder and panic attacks as mental impairments. The tribunal accepted the claimant’s evidence, together with GP records, an occupational health report and the treating psychologist’s letter, that she experienced sleep disturbance, fear, low mood, breathing difficulties, panic symptoms, reduced appetite, difficulty with household tasks, and difficulty travelling, working and taking part in social and religious activities.

Applying section 6 of the Equality Act 2010 and the Goodwin four-stage approach, the tribunal found that these were underlying and overlapping mental impairments which had a substantial adverse effect on normal day-to-day activities. It accepted that the effects were more than minor or trivial, noting in particular that the claimant was unable to work as a bus driver for much of the period, had difficulty with shopping, cooking, cleaning and laundry, and struggled with social and religious participation. The tribunal also took account of treatment, including medication and counselling, and found that the beneficial effects of treatment had to be disregarded when assessing substantial adverse effect.

On long-term effect, the tribunal held that the substantial adverse effects had lasted for 12 months by 11 July 2022 and continued to affect the claimant at dismissal on 12 August 2022. It also found that by 4 March 2022 it could well have been the case that the effects would last at least 12 months, given the continuing symptoms, the repeated unsuccessful attempts to return to work, the increase in antidepressant medication and the continuation of therapy. It therefore concluded that the claimant was disabled for Equality Act purposes between 4 March 2022 and 12 August 2022.

The consequence of that finding was that disability discrimination complaints arising during that period could proceed to the final hearing listed for April 2024. Any disability discrimination complaints before 4 March 2022 were dismissed at this stage because the claimant had not yet established disability for the earlier period.