Mrs J Kelly v Durham County Council — 2019

This was a public preliminary hearing to decide whether Mrs J Kelly met the definition of disability in section 6 of the Equality Act 2010. The respondent did not accept disability. The tribunal recorded that all disability discrimination claims were dismissed upon withdrawal except one remaining allegation that dismissal was discrimination arising from disability contrary to section 15 of the Equality Act 2010.

The tribunal considered the claimant's evidence of anxiety, depression and stress, her GP records, medication, occupational health involvement, and the effect on day-to-day activities. The claimant described symptoms including lethargy, withdrawal from social and family life, inability to look after her own wellbeing and personal hygiene, panic attacks, fatigue and insomnia. The tribunal found that her evidence about the effect on normal day-to-day activities was not challenged.

The respondent submitted that the claimant's condition was work-related stress and a reaction to adverse events at work, relying on J v DLA Piper UK LLP and Herry v Dudley Metropolitan Council. The tribunal rejected that submission. It found that the case was not similar to Herry, that the claimant had a long history of mental impairment going back to 2000, and that the medical and oral evidence showed an impairment rather than only an adverse reaction to a work event.

The tribunal found, on the balance of probabilities, that from 2016 to dismissal the claimant had substantial long-term adverse effects on her ability to carry out normal day-to-day activities, and that symptoms of anxiety, depression and stress over more than 12 months before dismissal constituted a disability under section 6 Equality Act 2010. No remedy was decided in this judgment.