Ms Sabrina Tomassetti v Liquidity Services UK Ltd — 2019

This was a preliminary hearing before Employment Judge Hildebrand sitting alone to decide whether Ms Sabrina Tomassetti was disabled within the meaning of the Equality Act 2010 during her employment with Liquidity Services UK Ltd. The claimant relied on a mental impairment said to be post-traumatic stress disorder arising from the 2005 London bombing incident, with symptoms described as claustrophobia, agoraphobia, panic and anxiety attacks.

The tribunal reviewed oral evidence and extensive medical records. It accepted that the papers contained references over time to panic, agoraphobia, claustrophobia and anxiety, but found no clear medical record diagnosing PTSD. The judge considered that the documents were dominated by musculoskeletal issues and that the material relating to the asserted mental impairment was limited, with the strongest item being a 2007 discharge letter from a clinical psychologist referring to panic disorder and agoraphobia rather than PTSD.

On the evidence, the tribunal found that the claimant had not established the impairment relied on with sufficient clarity, and in any event had not shown a substantial adverse effect on normal day to day activities during the relevant period. The judge observed that avoiding crowded situations, travelling off-peak on the Tube, and not flying long haul did not amount to substantial impairment on the evidence before the tribunal. The tribunal also noted that much of the more detailed medical evidence post-dated the employment and that some of the claimant’s symptoms could not be separated from reactions to later adverse circumstances.

The tribunal therefore held that the claimant was not disabled within the meaning of section 6 Equality Act 2010 at the time she was employed by the respondent. As the only claim was disability discrimination, it was dismissed. No remedy was awarded.