A B v C and others — 2018

This reserved judgment was limited to a preliminary issue: whether A and B were disabled within the meaning of section 6 and Schedule 1 of the Equality Act 2010. The tribunal noted that the claims had been managed together, that there had been an earlier preliminary hearing before Judge Clark, and that this decision did not decide whether the respondents knew or could reasonably have been expected to know that either claimant was disabled.

As to A, the tribunal accepted that he had a mental impairment, described in the medical records as anxiety state, depressed mood, mixed anxiety and depressive disorder, and depression. It accepted his evidence that symptoms began in April 2018 and affected concentration, motivation, sleep, confidence, social life, physical activity, self-care and domestic functioning. Although there was cross-examination about the timing of medical attendance and his continued attendance at kickboxing and social contact with B, the tribunal found that the impairment was long term and had a substantial adverse effect on day-to-day activities, so A had been disabled from April 2018 and remained so.

As to B, the tribunal accepted that she suffered from a mental impairment comprising severe depression, anxiety and PTSD, with the PTSD arising from childhood sexual abuse. It recorded symptoms including insomnia, flashbacks, panic attacks, suicidal thoughts and other listed effects, and accepted that the medical records showed a depressive disorder from 11 September 2018 onwards with repeated GP attendance and antidepressant treatment. The tribunal found that the impairment had a substantial adverse effect on her day-to-day activities, including personal appearance, socialising, going out alone and dancing, and held that B had been disabled from April 2018 and remained so.