In person. For the v Respondent — 2021

At a preliminary hearing on 30 September 2021, Employment Judge KJ Palmer determined the preliminary issue whether Ms Johnson was a disabled person for the purposes of s.6 Equality Act 2010. The claimant said she suffered from migraine, anxiety and depression, and the tribunal heard her evidence, cross-examination from Mr Heard, and considered her Impact Statement together with GP and CPFT medical records.

The tribunal accepted the claimant's evidence that she had taken Sertraline throughout the period of employment, including by using surplus medication held by her partner's mother when prescriptions ran out. It found her explanation for the gaps in the prescription records credible and rejected the respondent's submission that those gaps showed she was not taking medication or was not unwell during parts of the relevant period.

Applying the Equality Act provisions on impairment, long-term effect and substantial adverse effect, and referring to Goodwin v The Patent Office and Woodrup v London Borough of Southwark, the tribunal held that the claimant had a mental impairment which was long term and substantial. It found that, if she were not taking medication, the effects would be severe, and concluded that she was disabled at the material time by reason of migraine, anxiety and depression. The substantive disability discrimination and reasonable adjustments claims were not finally decided in this judgment and were to be dealt with later as a case management matter.