Claimant v James-Walker v Novar Systems Ltd — 2020

The hearing before Employment Judge Ahmed on 20 February 2020 was a preliminary issue on whether Mrs V James-Walker was a disabled person within section 6 Equality Act 2010 by reason of anxiety and depression. The respondent accepted that she had a mental impairment but disputed that it was long-term or that it had a substantial adverse effect on normal day-to-day activities. The tribunal therefore considered the medical records, an impact statement, vocational rehabilitation evidence and occupational health evidence, together with the claimant's oral evidence.

The tribunal accepted the claimant as a credible witness and found that her evidence about the effect of her condition on daily life was consistent and not exaggerated. It found a long history of depression and anxiety, including diagnoses and treatment over a number of years, GP attendance during the relevant period, and evidence of medication and counselling. The tribunal rejected the suggestion that the symptoms were merely reactions to adverse life events or short-lived flare-ups, and noted the occupational health view that the psychological problems had been present intermittently over a substantial period.

Applying the statutory definition of disability, including the requirements of substantial and long-term adverse effect, the tribunal held that the adverse effects were more than minor or trivial and that the impairment had lasted at least 12 months and was likely to recur. It relied on the approach in SCA Packaging Limited v Boyle and McDougall v Richmond Adult Community College, and also noted the guidance and the distinction discussed in J v DLA Piper UK LLP. The tribunal therefore found that Mrs James-Walker was a disabled person under section 6 Equality Act 2010 and was entitled to pursue her disability discrimination complaints. No liability or remedy on the substantive discrimination claims was decided at this hearing.