Cases2404949/2024

Claimant v Manchester University NHS Foundation Trust

9 October 2025Before Employment Judge Grahame AndersonManchesterremote video

Outcome

Other

Individual claims

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

This was a preliminary hearing solely on the question of whether the claimant was a disabled person for the purposes of s.6 Equality Act 2010. The tribunal found that the claimant was disabled due to stress and anxiety arising from childhood trauma, with long-term substantial adverse effects on day-to-day activities. The substantive discrimination claims have not yet been determined.

Facts

The claimant had a history of anxiety and depression dating back to 2002, with roots in childhood abuse. From September 2022 she attempted suicide due to family problems and received treatment from MIND and NHS Talking Therapies including CBT over 16 weeks and 20 sessions. The relevant period was June 2023 to March 2024 when she experienced ongoing stress and anxiety with substantial effects on day-to-day activities including personal hygiene, memory, cleaning and home maintenance. She was off work for periods and received ongoing psychological treatment for childhood trauma.

Decision

The tribunal found that the claimant was a disabled person within s.6 Equality Act 2010 during the relevant period. The stress and anxiety constituted a mental impairment with long-term substantial adverse effects on normal day-to-day activities. This was not merely a reaction to adverse life events but an underlying impairment rooted in childhood trauma. The effects had lasted over 12 months and were likely to continue or recur. Treatment received would have meant the effects were even worse without it.

Practical note

Stress and anxiety can constitute disability where there is an underlying impairment rooted in historical trauma rather than simply an adverse reaction to current life events, even where work-related stress is a factor.

Legal authorities cited

SCA Packaging v Boyle [2009] UKHL 37J v DLA Piper UK LLP [2010] ICR 1052Herry v Dudley Metropolitan Council [2017] ICR 610

Statutes

Equality Act 2010 Schedule 1 Part 1 para 5Equality Act 2010 s.6Equality Act 2010 Schedule 1 Part 1 para 2

Case details

Case number
2404949/2024
Decision date
9 October 2025
Hearing type
preliminary
Hearing days
2
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No