Cases6007521/2024

Claimant v Metropolitan Police Service

15 September 2025Before Employment Judge M JoyceLondon Central

Outcome

Other

Individual claims

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

This was a preliminary hearing on disability status only. The tribunal determined that the claimant was disabled by reason of anxiety from January 2024 onwards (and the respondent had already conceded disability by reason of back injury). The substantive discrimination claim has not yet been determined and will proceed to final hearing.

Facts

The claimant, a police sergeant employed since 1999, developed PTSD and anxiety following her husband's death from cancer in October 2019. She was off work until mid-2020, received counselling for 2.5 years and took antidepressants. By mid-2021 she had largely recovered. In early 2024, a combination of work restructuring, loss of home-working arrangements, her sister's cancer diagnosis and her mother's serious illness caused her anxiety symptoms to recur. She went on sick leave in March 2024, restarted antidepressants in May 2024 and resumed weekly counselling.

Decision

The tribunal held that the claimant was disabled by reason of anxiety from January 2024 onwards within the meaning of the Equality Act 2010. The tribunal found that her anxiety symptoms from February 2024 had a substantial adverse effect on her ability to carry out normal day-to-day activities, were likely to last at least 12 months (applying the deduced effects principle), and/or were likely to recur. The tribunal did not find that her PTSD had recurred or was likely to recur.

Practical note

A mental health condition that substantially improved after treatment may still constitute a disability if symptoms recur years later with substantial adverse effects, particularly where there is a history of the condition and treatment is resumed.

Legal authorities cited

Tesco Stores Ltd v Tennant [2020] IRLR 363J v DLA Piper UK LLP [2010] ICR 1052Sussex Partnership NHS Foundation Trust v Norris EAT 0031/12Swift v Chief Constable of Wiltshire Constabulary [2004] ICR 909

Statutes

Equality Act 2010 s.212(1)Equality Act 2010 Sch 1 para 5Equality Act 2010 Sch 1 para 2(2)Equality Act 2010 Sch 1 para 2(1)Equality Act 2010 s.6

Case details

Case number
6007521/2024
Decision date
15 September 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Name
Metropolitan Police Service
Sector
emergency services
Represented
Yes
Rep type
barrister

Employment details

Role
Youth and School Sergeant
Service
26 years

Claimant representation

Represented
No