Claimant v Ashford Oaks Primary School — 2021

This was a preliminary hearing on the single issue of disability status in a claim brought on 20 January 2019 arising from the claimant's work as a Teaching Assistant Apprentice from 4 September 2017 until 1 February 2019. The respondent did not accept that she was a disabled person for Equality Act 2010 purposes at the material times. The tribunal therefore considered the statutory definition under section 6, together with Schedule 1 and the authorities cited by the respondent and claimant.

The tribunal accepted that the claimant had a mental impairment, described in the medical evidence as adjustment disorder depressive reaction and in GP records as depression and anxiety. It also accepted her evidence about the effect on day-to-day activities, including taking longer to wash and dress, problems with timekeeping, uncontrollable sweating, and a constant urge to use the toilet. On that basis, the tribunal found that the impairment had a substantial adverse effect because it was more than minor or trivial and had at one point prevented her from working.

On duration, the tribunal noted that the impairment had not yet lasted 12 months at the relevant time, but found it was likely to last at least 12 months. It relied in part on the occupational health report referring to the condition as long-term, the GP records from April, May and October 2018, and the fact that the claimant remained on medication. The tribunal therefore concluded that the claimant was disabled within the statutory definition at the relevant time.

The tribunal rejected the respondent's reliance on Herry v Dudley MBC. It held that this was not a case of an entrenched reaction to adverse circumstances of the type discussed in Herry, and noted that the claimant was already suffering from anxiety and depression when the work incidents occurred. No remedy was determined at this hearing; a new hearing date and directions were to be sent separately.