Mrs T. Toth v HR GO (Liverpool) Ltd and 1 other — 2021

The tribunal considered only whether the claimant met the definition of disability under section 6 Equality Act 2010 at the material time, June 26 to July 1 2019, relying on PTSD as the alleged impairment. It accepted that the claimant had experienced PTSD-related effects after incidents in 2014, including anxiety, fear, low mood, and an inability to leave home unaccompanied by her husband or son, and found that those effects were substantial and long-term during that earlier period.

The tribunal reviewed the medical evidence, including GP records and a psychotherapist report dated November 7 2016. It found that psychotherapy had been successful, that the claimant reported improvement, and that she was discharged after 23 sessions with only residual PTSD symptoms noted. On that evidence, the tribunal concluded that the substantial effects were more likely no longer present after December 2015, or at the latest had resolved by late 2016 or into 2017.

For the material time in 2019, the tribunal was not persuaded that PTSD still had a substantial adverse effect on the claimant's normal day to day activities. It found that the claimant's oral evidence did not convince it that she could not leave home, shop, or go to work because of PTSD, and considered that she may instead choose not to do so. It also found that the September 2018 fit note, obtained during ACAS early conciliation, did not provide medical corroboration that she remained disabled at the relevant time.

The tribunal therefore held that the claimant was not a disabled person in June-July 2019 and dismissed the disability discrimination claims. No monetary remedy was awarded.