Ms K Anderson (Counsel) For the v Respondent — 2024

This hearing was listed to determine a preliminary issue in a wider case that included whistleblowing detriment, direct race discrimination, indirect disability discrimination, failure to make reasonable adjustments, harassment and victimisation. The tribunal heard evidence from the claimant, her husband, son and sister-in-law, together with medical records, therapy assessments and submissions from both counsel.

The tribunal found that the claimant had a mental impairment, namely anxiety and depression, from 4 December 2019 onwards. It accepted the medical evidence showing severe anxiety and depression, repeated treatment and medication from that date, and rejected the respondent's submission that there was no sufficient diagnosis or that the condition was entirely a reaction to suspension. The tribunal also accepted that the claimant's condition was not merely a short-term reaction to workplace events.

On adverse effect, the tribunal found that the impairment affected sleeping, getting out of bed, personal care and hygiene, dressing, eating, household chores, shopping and socialising. It accepted the claimant's evidence and the supporting evidence of her family and medical practitioners, and held that these effects were more than minor or trivial. It also found that the impairment was likely to continue for more than 12 months, taking the relevant period from the first alleged discriminatory act and disregarding any improvement due to medication.

The tribunal therefore held that the claimant was disabled for the purposes of section 6 Equality Act 2010 by reason of anxiety and depression. The judgment did not determine liability on the underlying discrimination or whistleblowing claims, and it did not record any monetary remedy.