Ms Hortence Yagmur v Armstrong World Industries — 2021

At the preliminary hearing on 7 October 2021, Employment Judge Bartlett sitting alone decided only the preliminary issue of whether Ms Hortence Yagmur was disabled within the meaning of section 6 Equality Act 2010 at the material date, 6 December 2019. The claimant said that her anxiety and depression began by 1 November 2019 after a series of work-related events in November 2019, including a £900 expense dispute, an issue about a taxi booking, distress at work, crying in the office, sleep problems, fatigue and panic attacks.

The tribunal accepted the claimant as credible and found that the absence of a formal diagnosis until October 2020 did not mean she lacked an impairment in December 2019. It accepted her explanation for the gap in GP records, including Covid-19 difficulties and the fact that her GP was in Wembley while she was living in Reading, and observed that anxiety and depression are often diagnosed after symptoms have already been present.

On the evidence, the tribunal found that from around 1 November 2019 the claimant experienced difficulties sleeping, panic attacks, frequent tearfulness and fatigue, and that these had a substantial adverse effect on her day-to-day activities. It further held that the effects could well have been long-term, despite the short period before the dismissal date, because the symptoms were more than mere emotional distress. The tribunal therefore held that the claimant was disabled within the meaning of section 6 EqA 2010. No substantive liability finding on the discrimination claim and no remedy award were made at this hearing; case management directions were then set for the main claim to proceed.