RS v The Commissioner of Police of the Metropolis — 2026

At a preliminary hearing, the Tribunal determined whether RS met the definition of disability in section 6 of the Equality Act 2010 during the relevant period, between 1 October 2024 and 27 February 2025, by reason of anxiety and persistent fluid in her ear or an aural impairment. The Respondent had already conceded disability in relation to several other conditions. The Tribunal did not determine liability for the substantive claims of discrimination arising from disability, indirect discrimination, failure to make reasonable adjustments, or harassment.

The Tribunal found that RS had a mental impairment arising from anxiety. She had been diagnosed with Generalised Anxiety Disorder and panic disorder in June 2018, and the Tribunal accepted that she continued to experience a baseline level of anxiety, panic attacks and episodes of overwhelming psychological distress. It found that the impairment made sleeping and leaving the house substantially more difficult and that, during panic attacks or episodes of overwhelming psychological distress, she was unable to carry out normal day-to-day activities. Her symptoms fluctuated but had not consistently reduced below the level of a substantial adverse effect.

The Tribunal found that the anxiety was not simply a reaction to adverse life events or workplace circumstances. Although incidents in 2023 and 2024 and a potential dismissal hearing increased her anxiety, the underlying condition and its adverse effects had persisted since 2018. The Tribunal therefore concluded that RS had been disabled by reason of anxiety from June 2019 onwards.

The Tribunal also found that eustachian tube dysfunction, persistent fluid in the ear and associated symptoms constituted a physical impairment. It accepted that RS experienced constant low-level pain and fullness, reduced hearing, disorientation and recurrent periods of significantly worse pain and infection. These symptoms substantially affected her ability to receive and understand verbal information, intensified difficulties associated with her dyslexia, ADHD and dyspraxia, prevented her from wearing headphones at work, and sometimes required absence from work.

The ear symptoms had begun in December 2022 and continued, although with fluctuations and flare-ups, for more than 12 months. The Tribunal concluded that RS had been disabled by reason of persistent fluid in her ear or an aural impairment from December 2023 onwards. No compensation or other remedy was determined because the judgment addressed disability status only.