Mrs E Godber v Loros Enterprises Ltd Heard : via CVP — 2021

The tribunal found that Mrs E Godber had a mental health impairment made up of stress, anxiety and depression within section 6 Equality Act 2010 from 14 October 2019 to the end of April 2020. It relied on GP fit notes, occupational health letters, counselling evidence and witness evidence showing sustained symptoms, including sleep difficulty, intrusive thoughts, low mood and impaired concentration. Applying Schedule 1, it held that the impairment was substantial, meaning more than minor or trivial, and that on 14 October 2019 it was likely to last at least 12 months in the statutory sense of 'could well happen'.

The age discrimination claim was not pursued and was dismissed upon withdrawal by the claimant. The tribunal struck out the section 15 discrimination arising from disability claims and the section 27 victimisation claim as having no reasonable prospects of success. It held that the allegations in paragraphs 1 to 3 of the Further and Better Particulars pre-dated the disability period, and that the victimisation case had not identified a protected act or been set out in a way that could succeed.

The remaining disability discrimination claims were not struck out. The section 20 reasonable adjustments claim was allowed to proceed subject to a £200 deposit, the tribunal treating it as arguable but having little reasonable prospect of success because the proposed provision, criterion or practice was unclear and the suggested adjustments depended on stress and risk assessment planning before return to work was imminent. The section 13 direct discrimination claim was also made subject to a separate £200 deposit, the tribunal noting the absence of a clear comparator and the difficulty of showing that any redundancy selection, failure to offer alternative employment, or failure to offer furlough was because of disability. The unfair dismissal claim was unaffected by this judgment and remained for final hearing.