Cases6007800/2024

Claimant v Taggstar Technologies Limited

22 August 2025Before Employment Judge WisbyLondon Centralremote video

Outcome

Other

Individual claims

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

This was a preliminary hearing on disability status only. The tribunal found the claimant was disabled within the meaning of the Equality Act 2010 with mixed anxiety and depressive disorder at the material time. The merits of the discrimination claims are reserved for final hearing.

Facts

The claimant worked as a customer service manager from June 2022 to May 2024. He experienced increasing symptoms of mixed anxiety and depressive disorder from around July 2023, worsening significantly by March 2024 when he disclosed suicidal thoughts to his GP and employer. He was prescribed anti-depressants, referred for mental health support, and took sick leave 13-22 March 2024. He returned to work in a non-customer-facing role on 26 March 2024. His employment was terminated on 21 May 2024. Medical evidence showed persistent low mood, poor concentration, low motivation, difficulty with social interaction, and intrusive thoughts affecting day-to-day activities for at least 5 months before March 2024.

Decision

The tribunal found the claimant was disabled within the meaning of the Equality Act 2010 with mixed anxiety and depressive disorder at the material time (26 March to 21 May 2024). The impairment had substantial adverse effects on normal day-to-day activities including motivation, concentration, household tasks and social interaction. Although the substantial effect had not yet lasted 12 months, the tribunal found it was likely (could well) last at least 12 months in total, satisfying the long-term requirement. The tribunal applied the corrective measures doctrine, disregarding the effects of anti-depressant medication and CBT therapy.

Practical note

In disability preliminary hearings, tribunals must assess likelihood of 12-month duration as at the date of alleged discrimination, ignoring treatment effects, and applying the 'could well happen' test based on typical progression of mental health conditions and individual circumstances.

Legal authorities cited

Tesco Stores Ltd v Tennant UKEAT/01617/19Nissa v Waverly Education Foundation Ltd and anor EAT 0135/18Royal Bank of Scotland Plc v Morris UKEAT/0436/10Morris v Lauren Richards Ltd [2023] EAT 19

Statutes

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

Case details

Case number
6007800/2024
Decision date
22 August 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
technology
Represented
Yes
Rep type
solicitor

Employment details

Role
customer service manager
Service
2 years

Claimant representation

Represented
Yes
Rep type
barrister