Did not attend For the v Respondent — 2024

The public preliminary hearing proceeded in the claimant's absence after the Tribunal considered that she knew of the hearing, had not applied to postpone it, and that her statement and evidence were before the Tribunal. The sole issue was whether the claimant met the definition of disability under section 6 Equality Act 2010 at the time relevant to her disability discrimination claims.

The Tribunal accepted that the claimant had a significant rash from November 2022 and symptoms of depression during the relevant period, and that these had adverse effects on socialising which were more than minor or trivial. It did not find that the claimant had proved chronic depression, and found it more likely that she had an acute episode of depression linked to bereavement.

The Tribunal concluded that the claimant had not shown that the substantial adverse effects were long-term or likely to last for at least 12 months when assessed at the relevant time. It therefore found that she was not disabled for the purposes of the Equality Act 2010 at the relevant time, and dismissed the disability discrimination claims. The constructive dismissal claim was not affected by the judgment.