Miss E Peace v Her Majesty’s Revenue & Customs — 2019

The tribunal accepted that the claimant had experienced work-related stress, low mood and anxiety from 2017, but it distinguished that from a mental impairment. Relying on the evidence of Prof Turkington, and applying the approach discussed in J v DLA Piper UK LLP and Herry v Dudley Metropolitan Council, it found that she developed moderate clinical depression with prominent anxiety on 25 January 2018, or very shortly before that date. It also found that the substantial adverse effects of that impairment did not become long-term until 5 July 2018, when the respondent accepted that the claimant was disabled for Equality Act purposes.

All of the complaints in claim 2501305/2018 were said to arise from events before 5 July 2018. Those complaints comprised section 13 direct disability discrimination allegations, section 15 discrimination arising from disability allegations, sections 20/21 reasonable-adjustments allegations, and an alternative section 26 harassment allegation. Because the tribunal found the claimant was not yet a disabled person when the acts complained of occurred, it held that none of those claims could succeed. The tribunal also recorded that the alleged decision not to progress the grievance had in fact been made in March 2018, not at the more general point pleaded.

The tribunal noted that HMRC had taken steps during the period in question to support the claimant, including mediation, occupational health input, temporary work, mentoring and searches for alternative roles. On that basis it concluded that none of the complaints in 2501305/2018 were made out and no remedy was awarded. In the same judgment, the tribunal later dismissed the related claims in 2503200/2018 and stayed the third claim, 2500615/2019, pending further proceedings.