Ms G Daly v Respondent — 2023

The tribunal allowed the claimant’s application for reconsideration under Rule 70 and remade the judgment. It concluded that paragraph 45 of the earlier reasons was inconsistent with the overall reasoning and revoked that paragraph, but said the substance of the findings otherwise remained unchanged. The relevant period for deciding disability status was agreed to be 2 to 19 March 2021.

On the evidence, the tribunal found there was scant medical evidence relating to the claimant’s anxiety. It noted that the fit notes issued from 18 March to 14 May 2020 described the anxiety state as minor, that the claimant had not taken medication or counselling, and that she instead relied on self-help and herbal remedies. The medical notes referred to difficulties at work but did not show adverse effects on the rest of her life; the tribunal also relied on notes recording that she was socialising with friends and able to attend the gym.

The tribunal found that the claimant’s modification of her behaviour reduced the effects of the anxiety to the point where they were no longer substantial. It accepted that caring for her grandmother was helpful to her. It also said that herbal remedies such as Kalms were not treated as medication for the purpose of assessing the effect of the impairment on day-to-day activities. The later episode in March 2021 was recorded as a second episode of anxiety, but the tribunal held that anxiety is not a deemed disability and the claimant still had to meet the full statutory definition, which she did not.