Mr S Meachem, Solicitor-Advocate For the v Ms G Burns, Solicitor — 2021

This was a preliminary hearing on 16 August 2021 before Employment Judge Bedeau. The tribunal was asked to decide whether Ms Elisabeth Idowu had a disability for Equality Act purposes at the material time. The respondent accepted that she appeared to have a mental impairment, but disputed that it had a substantial and long-term adverse effect on her ability to carry out normal day-to-day activities.

The tribunal found that the claimant had a mental impairment in the form of stress and anxiety, but not depression. It accepted her evidence and the medical records that she had a consistent history of stress-related problems, with particular deterioration after the deaths of her aunt in July 2019 and her grandfather on 26 October 2019. The tribunal noted records from 25 November 2019 and 2 March 2020, including references to panic attacks, chest pains, work-related stress, generalised anxiety disorder and low mood, and it accepted that the claimant had been receiving counselling and had difficulty sleeping.

Applying section 6 and Schedule 1 of the Equality Act 2010, the tribunal held that the effects were more than minor or trivial. It found that when affected by stress and anxiety the claimant had difficulty getting out of bed, became lethargic, spoke and moved more slowly, experienced panic attacks, and was unable to do activities such as cycling, dancing and socialising. It was satisfied that she became disabled from 25 November 2019, while employed by the respondents. The tribunal listed the case for a final hearing in September to October 2022.