Ms G McCarthy v Thurrock Council — 2022

At a preliminary hearing on 23 November 2022, Employment Judge J S Burns decided whether the claimant was disabled for the purposes of section 6 Equality Act 2010 during the relevant period, which the claimant confirmed was March 2021 to 13 August 2021. The claimant relied on stress and anxiety, and the tribunal also noted an earlier reference to bronchitis, which the claimant said she was not relying on as a relevant impairment.

The tribunal accepted that the claimant had experienced bereavement, stress, worry about Covid-19, and difficulties at work, including a deteriorating relationship with her line manager and absence from work from March 2021 until dismissal on 13 August 2021. However, it found that her evidence and the medical material did not show a mental health impairment. The tribunal noted the absence of anti-depressant medication, referrals for psychological therapies or specialists, and any formal diagnosis of depression or another recognised clinical condition.

On the effect of the alleged impairment, the tribunal found that the claimant had limited some activities during the lockdowns and had also made cautious choices such as shopping by delivery and avoiding visits to relatives, but that these restrictions were either part of the general Covid-19 regulations or were normal and common responses to the pandemic. It concluded that her day-to-day activities were not adversely affected in the required way, and that her responses were within the range of normal reactions to adverse life events. The tribunal therefore held that she had not proved she was disabled within the meaning of the Equality Act 2010, and the disability discrimination claims were struck out.