Mrs D Gallagher v Marks and Spencer plc — 2021

This was a remote preliminary hearing to decide whether the claimant was disabled for the purposes of section 6 Equality Act 2010 and to address the indirect sex discrimination claim. The claimant withdrew the indirect associated disability discrimination claim and the indirect sex discrimination claim, both brought under section 19 Equality Act 2010, and they were dismissed on withdrawal.

The tribunal found that the claimant had a mental impairment of depression, anxiety and low self-esteem during the relevant period from 18 July 2019 to 27 January 2020. It accepted that the claimant had a history of mental health issues, although not continuously since 2010 as she maintained, and found that by July 2019 her condition had a substantial adverse effect on ordinary day-to-day activities.

On the long-term requirement, the tribunal considered the GP records, the claimant's evidence, and two occupational health reports obtained by the respondent. It concluded that, as at 18 July 2019, the substantial adverse effects of the impairment were likely to last at least 12 months, and therefore the claimant was disabled within section 6 Equality Act 2010 during the relevant period.