Claimant v Respondent — 2025

This was a preliminary issue judgment on whether the Claimant had a disability within the meaning of the Equality Act 2010 during the relevant period, which after amendment was 1 December 2021 to 18 December 2023. Of the nine conditions the Claimant was then relying on, the respondent accepted six during the hearing, leaving chronic migraines, mixed anxiety and depressive disorder, and RSI/Carpal Tunnel Syndrome for determination.

Applying the four-stage approach in Sullivan v Bury Street Capital Ltd, the tribunal accepted the Claimant's evidence and the medical records on chronic migraines. It found a diagnosis of chronic migraine, regular migraine episodes during the relevant period, and adverse effects including sensitivity to light and noise, difficulty reading and using screens, and interference with work. It held that the impairment, adverse effect, substantiality, and long-term conditions were all met, so the Claimant had a disability at all relevant times by reason of chronic migraines.

The tribunal made the same finding in relation to mixed anxiety and depressive disorder. It accepted that the Claimant had a mental impairment, relied on the Claimant's evidence about low mood, anxiety, difficulty on public transport, queuing, and unfamiliar spaces, and took account of the 2019 Tower Hamlets Talking Therapies letter and later records referring to ongoing low mood, suicidal ideation, and adjustment difficulties. It concluded that the effects were more than minor or trivial and had been present long enough to satisfy the long-term condition.

For RSI/Carpal Tunnel Syndrome, the tribunal found the evidence did not establish disability from the start of the relevant period. It rejected the November 2021 GP entry as unrelated, found that significant symptoms were first reported in early February 2023, held that the substantial effect condition was met by late February 2023, and concluded that there was a real possibility of the condition lasting at least 12 months only from the MSK review on 19 July 2023. No monetary award was made in this judgment; it determined disability status only.