Claimant v Funeral Services Limited t/a Co-Op Funeralcare
Outcome
Individual claims
The tribunal found that the claimant did not meet the definition of a disabled person under the Equality Act 2010 at the material time. Although he suffered from mixed anxiety and depressive disorder from August to December 2023, the substantial adverse impact lasted only approximately five months. There was insufficient medical evidence to establish that the condition was likely to last 12 months or recur at the material time. The tribunal emphasised the absence of medical evidence beyond GP records and the lack of a narrative medical report to support the claim that the impairment was long-term.
This claim was not determined at this preliminary hearing, which was solely concerned with disability status. The case remains listed for final hearing in March 2026.
Facts
Mr Hughes worked for the respondent from May 2009 to February 2024, resigning after nearly 15 years. During 2023, he experienced multiple stressful life events: caring for his terminally ill mother, relationship breakdown, distressing holiday events, and workplace stress. He was diagnosed with mixed anxiety and depressive disorder in October 2023 and prescribed Citalopram. Medical records indicate the condition lasted from October to December 2023 (approximately 3 months). He stopped taking medication after leaving employment in February 2024. The tribunal heard evidence about his mental health symptoms and their impact, including a GAD-7 score of 19 (severe anxiety) in August 2023.
Decision
The tribunal dismissed the disability discrimination claim because Mr Hughes did not meet the definition of a disabled person under the Equality Act 2010 at the material time. While the judge accepted he suffered from mixed anxiety and depressive disorder with substantial adverse effects between approximately August and December 2023, this period was only about five months. Critically, there was insufficient medical evidence to establish that the condition was likely to last 12 months or recur at the relevant time. The judge noted the absence of expert medical evidence beyond basic GP records and emphasised that the burden of proof lay with the claimant.
Practical note
Even with genuine mental health difficulties requiring medication, disability status requires robust medical evidence proving the condition was likely to last 12 months or recur at the material time — GP records and impact statements alone may be insufficient without expert opinion.
Legal authorities cited
Statutes
Case details
- Case number
- 3305039/2024
- Decision date
- 16 December 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Service
- 15 years
Claimant representation
- Represented
- Yes
- Rep type
- solicitor