Ms S. A. Lees First v Bellway Homes Ltd — 2023

At the preliminary hearing on 29 March 2023, Employment Judge Broughton considered only whether Ms Lees was disabled by PTSD during the relevant period, agreed between the parties as 15 October 2021 to 7 March 2022. The respondent had already conceded that she was disabled at that time by stress, anxiety and depression; the disputed issue was whether PTSD also met the section 6 Equality Act 2010 definition.

The tribunal reviewed medical evidence from after the October 2017 workplace assault, including GP records, Dr Lawson's reports, occupational health input, and Dr Laher's June and July 2018 psychological assessment. It found that Ms Lees had PTSD from about November 2017 to around July 2018, with symptoms including insomnia, nightmares, headaches, withdrawal, low motivation, concentration problems, and physical symptoms linked to trauma, but held that the PTSD itself was not long term because that specific diagnosis changed to stress-related and adjustment-disorder-type conditions after mid-2018.

For the relevant period in 2022, the tribunal accepted that dealing with aggressive clients affected Ms Lees's sleep and mood, but it found the contemporaneous records recorded work stress rather than PTSD and did not show a recurrence of PTSD that was likely to last 12 months. Dr Laher's 2022 letter was not enough, on the evidence available, to establish a likely recurrence of PTSD. The judgment therefore dismissed the PTSD disability issue, while recording that Ms Lees was disabled during the relevant period because of stress, anxiety and depression. No monetary remedy was awarded in this preliminary decision.