Ms J Barnes v Coca-Cola Europacific Partners — 2025

This was a reserved judgment on a preliminary issue only. The tribunal had to decide whether Ms J Barnes was a disabled person within section 6 of the Equality Act 2010 during the relevant period, which it identified as 29 November 2022 to 16 July 2023. The end date was taken beyond 7 June 2023 because the claimant’s pleaded case about the appeal was treated as an omission issue under section 123 Equality Act 2010.

On ADHD, the tribunal accepted the diagnosis made by Dr Halari in July 2023 and found that the claimant had had the impairment for many years. It relied on evidence of longstanding difficulties with attention, memory, information retention, time management and processing speed, including difficulties at school, in work and in domestic life. The tribunal found that these effects were more than minor or trivial, that coping strategies and support from colleagues did not reduce them to an insubstantial level, and that the effects had lasted for more than 12 months by the start of the relevant period.

On depression, the tribunal accepted that the claimant’s mood was low by August 2022 and that by 29 November 2022 she was experiencing effects including stress at work, anxiety, interrupted sleep, forgetfulness, low mood, social withdrawal and loss of confidence. It attached weight to the GP records, fit notes, sertraline prescription and later medical material, and found that the substantial adverse effects were long-term because they had already lasted more than 12 months by 29 November 2022 or, alternatively, were likely to last for at least 12 months when assessed at 16 July 2023. The tribunal therefore held that the claimant was disabled by reason of both ADHD and depression during the relevant period. No liability findings or remedy were decided in this judgment.