Miss J Booth v Department for Work and Pensions — 2019

The preliminary hearing considered whether the claimant was disabled for the purposes of the Equality Act 2010 and whether her unfair dismissal claim could proceed in light of the effective date of termination. The claimant relied on anxiety and depression and said she had taken antidepressants since 2008, with her condition worsening under work pressure in 2018.

On the effective date of termination, the Tribunal found that the claimant gave notice in July 2018 and that the parties agreed during the notice period that her employment would end on 23 August 2018. The Tribunal held that a notice period could be extended by agreement in these circumstances, so the claimant had two years' service and the unfair dismissal claim was in time.

On disability, the Tribunal found that the claimant had not provided sufficient evidence to satisfy the statutory definition. The Tribunal noted limited medical evidence about the original 2008 diagnosis, limited evidence about the effect on normal day-to-day activities, and no evidence from which it could assess the deduced effects if the claimant were not taking medication. It therefore found that the claimant was not disabled within the meaning of the Equality Act 2010.