Cases6012833/2025

Claimant v The Chief Constable of South Wales Police

4 November 2025Before Employment Judge R EvansWalesremote video

Outcome

Other

Individual claims

Discrimination Arising from Disability (s.15)(disability)not determined

This was a preliminary hearing on disability status only. The tribunal found the Claimant was a disabled person from July 2022 to 31 January 2025 due to brain fog arising from anxiety, which had a substantial adverse effect on her ability to process information, make decisions, shop and prepare food. The discrimination claims will proceed to a full merits hearing.

Facts

The Claimant worked as a police officer from December 2009 to January 2025. She had a history of anxiety dating back to 2006. During the relevant period 2019-2025, she experienced various symptoms including anxiety, stress, brain fog, fuzzy brain, suicidal thoughts, nightmares, and difficulties processing information and making decisions. She was signed off sick from June 2024. She also completed a full-time degree between 2020-2023 while working full-time. Medical and occupational health records showed mixed evidence of the impact of her condition.

Decision

The tribunal found the Claimant was a disabled person within the meaning of the Equality Act 2010 from July 2022 to 31 January 2025 due to brain fog arising from anxiety. The brain fog had a substantial adverse effect on her ability to carry out normal day-to-day activities including processing information at work, shopping and preparing food. The tribunal rejected arguments that symptoms were merely reactions to life events and found the effects were long-term. However, the tribunal found she was not disabled before July 2022.

Practical note

Brain fog arising from anxiety can constitute a disability where it substantially impairs the ability to process information and make everyday decisions, even if the claimant continues to work full-time and complete a degree.

Legal authorities cited

Elliott v Dorset County Council UKEAT/0197/20/LAGoodwin v Patent Office [1999] ICR 302J v DLA Piper UK LLP [2010] ICR 1052

Statutes

Equality Act 2010 s.6Equality Act 2010 Schedule 1Equality Act 2010 s.212(1)

Case details

Case number
6012833/2025
Decision date
4 November 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
public sector
Represented
Yes
Rep type
barrister

Employment details

Role
Police officer
Service
15 years

Claimant representation

Represented
Yes
Rep type
barrister