Mrs M Greenwood v Independent Living Support — 2020

At a preliminary hearing on 30 July 2020, Employment Judge Lucy Wiseman determined whether Mrs M Greenwood was a disabled person within section 6 of the Equality Act 2010 at the relevant time. The hearing was limited to that issue and to whether the respondent knew, or could reasonably have been expected to know, of any disability; the respondent said it would concede constructive knowledge if disability were established.

The tribunal accepted that the claimant had anxiety and depression, which had been ongoing since at least 2010, and that the condition caused substantial adverse effects on normal day-to-day activities including sleep, concentration, coping and daily functioning. It rejected the respondent's submission that a June 2019 fit note for "stress" meant the claimant no longer had anxiety and depression, and it did not accept that the medical note recording "no suicidality" undermined her credibility.

The tribunal found the impairment was long term, that a calmer period and an attempt to reduce medication did not end the substantial adverse effect, and that any treatment should be disregarded when assessing disability. It also found that, without medication, the effects would be substantial. On that basis, the tribunal held that Mrs Greenwood was disabled at the relevant time; no separate substantive discrimination or wrongful dismissal findings were made in this judgment.