Claimant v Noble Care Ltd
Outcome
Individual claims
This was a preliminary hearing to determine disability status only. The tribunal found the claimant was disabled by reason of Emotional Unstable Personality Disorder from the relevant period (May 2023 onwards). The substantive discrimination claims have not yet been heard.
Facts
The claimant worked as a senior support worker from June 2016 and was promoted in November 2021. She had childhood trauma and depression. Following family bereavements and traumatic events between November 2021 and March 2023, her mental health deteriorated significantly. She commenced sick leave in May 2023 after the respondent contacted her GP due to concerns about suicidal ideation. She was diagnosed with Emotional Unstable Personality Disorder in July 2023 and alleges she was wrongly prevented from returning to work thereafter.
Decision
The tribunal found the claimant was a disabled person under s.6 Equality Act 2010 by reason of Emotional Unstable Personality Disorder. The condition was long-term, having lasted over 12 months and continuing. The tribunal accepted evidence that the impairment had substantial adverse effects on day-to-day activities including sleep, personal hygiene, eating, forming relationships, and financial safety, with serious risks including suicidal ideation without treatment and medication.
Practical note
In disability determination hearings, tribunals will look beyond medical reports to consider live oral evidence, and must assess what a claimant cannot do without treatment rather than focusing on their capabilities with medical support.
Legal authorities cited
Statutes
Case details
- Case number
- 1306149/2024
- Decision date
- 10 September 2025
- Hearing type
- preliminary
- Hearing days
- 2
- Classification
- contested
Respondent
- Name
- Noble Care Ltd
- Sector
- healthcare
- Represented
- No
- Rep type
- in house
Employment details
- Role
- Senior Support Worker
Claimant representation
- Represented
- No