Cases2304797/2024

Claimant v St Catherine's Catholic School

23 July 2025Before Employment Judge LumbyCroydonon papers

Outcome

Claimant fails

Individual claims

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

This reconsideration application concerned only the start date of the claimant's disability status (stress, anxiety, depression, unstable angina, high blood pressure). The tribunal confirmed disability status began on 1 November 2023, not earlier as claimant argued. The substantive discrimination claims were not determined in this judgment.

Facts

The claimant brought disability discrimination claims against her employer, a Catholic school, and three individual respondents. Following a full merits hearing on 23 July 2025, the tribunal determined that the claimant's disability (stress, anxiety, depression, unstable angina, high blood pressure) began on 1 November 2023. The claimant applied for reconsideration, arguing her disability status began earlier (potentially December 2021) and providing additional evidence including fitness to work notes from December 2021 and March 2022 showing stress-related absences.

Decision

The tribunal refused the reconsideration application. Employment Judge Lumby found that the additional evidence (fitness to work notes showing intermittent stress-related absences in late 2021 and early 2022) would not have changed the original decision that disability status began on 1 November 2023. The judge concluded intermittent absences due to stress did not demonstrate the section 6 Equality Act threshold was crossed earlier. The application was also considered an attempt to relitigate the original decision with evidence that was available before the hearing.

Practical note

Intermittent fitness to work notes citing work-related stress alone are insufficient to establish disability status under section 6 of the Equality Act 2010 without evidence of substantial and long-term adverse effects on day-to-day activities.

Legal authorities cited

Statutes

Equality Act 2010 s.6

Case details

Case number
2304797/2024
Decision date
23 July 2025
Hearing type
reconsideration
Hearing days
Classification
procedural

Respondent

Sector
education
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
Yes
Rep type
lay rep