Claimant v Maritime and Coastguard Agency

Outcome

Facts

The claimant, a Senior Maritime Operations Officer employed since January 2020, brought disability discrimination claims relating to the respondent's conduct of a professional examination and subsequent treatment. He had suffered from anxiety since 2012, which worsened following a 2017 accident causing post-concussion syndrome and retrograde amnesia. The relevant period was September 2023 to February 2025. The respondent disputed that the impairment was long-term or had substantial adverse effects. Medical evidence showed recurring episodes of severe anxiety symptoms including diarrhea, vomiting, inability to leave home, poor sleep, concentration difficulties, and social withdrawal, with particularly severe symptoms in 2017, 2021-2022, and 2024.

Decision

The tribunal found the claimant was disabled at the material time by reason of anxiety disorder. The judge found the claimant credible and accepted there was ample evidence of a 15-year history of anxiety with sporadic but recurring substantial adverse effects on day-to-day activities. The tribunal held that sporadic and long-term are not mutually exclusive, and that the pattern of episodes followed by periods of 'powering through' indicated the condition was likely to recur, meeting the statutory definition of disability.

Practical note

Legal authorities cited