Ms Zalejska v Cameo Consultancy (Recruitment) Limited — 2023

The tribunal held that Ms Zalejska met the section 6 Equality Act definition of disabled on 15 June 2022 by reason of depression. It relied on her GP records from December 2021 and January 2022, her evidence about depressive episodes and day-to-day effects, and concluded that the impairment had a substantial adverse effect on normal day-to-day activities. The tribunal assessed long-term effect by reference to the position on 15 June 2022 and did not take later events into account.

The tribunal found that ending the temporary assignment at Principal Medical Limited was less favourable treatment and also a detriment under section 55(2)(d). It accepted that Ms Nichols told Ms Loveland that Ms Zalejska had become extraordinarily distressed, had disclosed detailed problems with her mental health, and was not well enough to remain at work. The tribunal concluded that the mental health disclosure had a significant influence on the decision to end the assignment, and that a non-disabled temporary worker in materially the same circumstances would likely have been allowed more time or alternative options.

The tribunal concluded that the Respondent and Principal Medical Limited made a joint decision to terminate the assignment, or alternatively that the Respondent participated in and adopted the discriminatory reason for termination when it relayed and executed the decision. It rejected the Respondent’s explanation that it was merely passing on a client instruction or acting from concern for the claimant, and held that a benign motive was not a defence to direct discrimination. The claim therefore succeeded, and a remedy hearing was listed for 15 December 2023, with no monetary award determined in this judgment.