Mrs Patricia Jones v Emcor UK — 2021

The claimant alleged disability discrimination relying on PTSD, including direct discrimination and harassment in relation to a 21 May 2020 incident and a linked complaint arising from dismissal and notice/holiday pay issues ending on 1 June 2021. The tribunal accepted that she suffered from PTSD during the relevant period but held that she had not proved, on the balance of probabilities, that it had a substantial adverse effect on her ability to carry out normal day-to-day activities, with or without medication.

The tribunal placed weight on the limited medical evidence for the relevant period, the claimant's redactions of medical records, and its findings that her evidence about day-to-day effects and non-compliance with case management orders was unreliable. It noted evidence that she worked in different places, travelled, attended interviews and went out of the house, and found no satisfactory medical evidence about deduced effects if she stopped medication.

Because the claimant was not disabled within section 6 of the Equality Act 2010, the tribunal held it had no jurisdiction to consider the disability discrimination complaints and dismissed them. It also stated that the first claim's direct discrimination and harassment complaints were out of time and it was not just and equitable to extend time; the proposed section 15 complaint in the linked second claim would not have been permitted to proceed.