Claimant v The Chief Constable of Avon and Somerset Constabulary

Outcome

Facts

The claimant, a Community Support Officer with Avon and Somerset Constabulary, was subject to disciplinary proceedings from October 2022 onwards. She brought claims including disability discrimination, added by amendment. The claimant relied on fibromyalgia (diagnosed 2019) and stress/anxiety. The relevant time for assessing disability was 26 April to 29 September 2023, covering the disciplinary hearings and appeal. During mid-2023 the claimant experienced increased stress/anxiety due to the work situation and her son's serious motorbike accident, and her fibromyalgia symptoms flared up. She prepared a disability impact statement and disclosed medical records, though much of the evidence was not focused on the relevant period and some relevant records were not obtained.

Decision

The tribunal found the claimant was disabled by reason of fibromyalgia during the relevant time (26 April – 29 September 2023). The tribunal accepted fibromyalgia caused substantial adverse effects on day-to-day activities (mobility, concentration, sleep, household chores, physical activities) which were long-term because they were recurring and likely to recur based on her medical history since 2019. The claimant was not found to be disabled by reason of stress/anxiety, as the substantial adverse effects did not last 12 months and there was insufficient evidence they were likely to recur. The disability discrimination claims may proceed on the basis of fibromyalgia.

Practical note

Legal authorities cited