Ms A Kibria v EUI Ltd — 2026

Ms A Kibria's disability discrimination complaint against EUI Limited was dismissed following a preliminary hearing on disability status under section 6 of the Equality Act 2010. The tribunal assessed the position from the information known in November 2025. It accepted that she had a mental impairment with substantial adverse effects on normal day-to-day activities, but found that she had not established that those effects were long term.

Ms Kibria worked as a customer relations executive and was suspended on full pay on 29 July 2025 while conduct concerns were investigated. The tribunal found that the disciplinary and grievance processes caused her mental ill health, with no underlying health condition predating those issues. She experienced low mood, withdrawal from social activities, difficulty concentrating and sleeping, changes in appetite and weight, panic attacks and limits on driving. Although the tribunal found that parts of her evidence were exaggerated, it accepted that the effects were more than minor or trivial, even with medication. Her work as a locum optometrist did not prevent that finding.

The decisive question was whether the substantial adverse effects were likely to last at least 12 months. By November 2025, they had lasted about four months. Applying the statutory guidance, the tribunal treated 'likely' as a real possibility, meaning something that could well happen, rather than something more probable than not. It assessed the expected duration at the material time, without relying on later events. The occupational health report linked the impairment to the workplace issues and gave a conditional view about disability if those issues remained after 12 months. The claimant provided no medical evidence establishing that the substantial effects were likely to last that long.

The tribunal found that the effects depended on the continuing workplace processes and that, once those triggers ended, her health was likely to improve so that the effects would cease to be substantial. By November, the investigation had concluded and a disciplinary hearing was fixed for 3 December 2025. Ms Kibria believed dismissal was imminent and had begun securing other income. Looking forward from November, the tribunal expected the outstanding disciplinary, grievance and appeal processes to finish by April or May 2026 at the latest. It rejected the argument that those processes were likely to continue long enough for the substantial effects to last 12 months.

The tribunal concluded that Ms Kibria had not discharged the burden of establishing disability status at the material times and therefore dismissed the disability discrimination complaint. The judgment recorded no monetary award. It directed the parties to prepare the remaining, unspecified complaints for a later hearing, including agreeing dates, documents, facts and a list of issues.