Ms B Venkata, counsel For the v Respondent — 2021

Ms D Hubert presented claims of unfair dismissal and disability discrimination, including failure to make reasonable adjustments and discrimination arising from disability. This remote preliminary hearing on 18 February 2021 decided only whether she was a disabled person at the material time, identified as 26 September 2019 to 9 December 2019. The tribunal identified the relevant impairment as anxiety and depression.

The tribunal accepted that the claimant had episodes of anxiety and depression in 2014, 2016, and again from October 2019 after being invited to a disciplinary hearing for performance issues. The medical records showed antidepressant treatment during those periods, but no treatment in 2017 or 2018. The claimant relied on buying a dog in October 2017, an online CBT course, and self-help materials to manage her symptoms, but the tribunal found those were self-initiated steps and not part of a clinically prescribed treatment regime.

Applying section 6 of the Equality Act 2010, Schedule 1, and the approach in SCA Packaging Limited v Boyle, the tribunal held that the claimant’s condition was not limited to isolated past episodes. It found that, based on three occurrences over five years and the fact that each episode followed a stressful life event, the substantial adverse effect was likely to recur if she encountered another stressful life event, so it was to be treated as continuing.

The tribunal therefore found that Ms Hubert was disabled at the material time. It made no findings on the substantive unfair dismissal or disability discrimination claims, and no remedy was awarded in this preliminary decision.