Mrs C James v Cardiff Council — 2022

The judgment determined preliminary issues about protected characteristics. The claimant relied on a belief in the right to protest. The tribunal accepted that she genuinely valued the right to protest, but found on the evidence that it was a viewpoint rather than a philosophical belief because there was no evidence that it affected how she lived her life beyond listening to and debating issues. The claim for discrimination on grounds of philosophical belief was dismissed.

On disability, the tribunal considered asthma, underactive thyroid, type 2 diabetes, and anxiety and depression. It found insufficient evidence that asthma, thyroid issues, or diabetes had a substantial adverse effect on day-to-day activities during the relevant period, including when considering the effect of medication where relevant.

The tribunal found that anxiety and depression caused substantial adverse effects, including trouble leaving the house, panic attacks, and avoidance of activities such as using the telephone or meeting friends. Relying on the claimant's evidence, GP records, and an occupational health referral, it found that the claimant was disabled from March 2021 with anxiety and depression.