Cases6000543/2024

Claimant v Dignity Funerals Ltd

11 July 2025Before Employment Judge M Craftremote video

Outcome

Claimant fails

Individual claims

Direct Discrimination(disability)failed

The tribunal found the claimant was not disabled within the meaning of s.6 Sch.1 Equality Act 2010 at the material times. She did not have a mental impairment having a substantial long-term adverse effect on her day-to-day activities. The stress and anxiety she experienced were reactions to bereavement and workplace disputes, not an underlying mental impairment.

Discrimination Arising from Disability (s.15)(disability)failed

The tribunal found the claimant was not disabled within the meaning of s.6 Sch.1 Equality Act 2010 at the material times. Without establishing disability status, the claim of discrimination arising from disability could not succeed.

Failure to Make Reasonable Adjustments(disability)failed

The tribunal found the claimant was not disabled within the meaning of s.6 Sch.1 Equality Act 2010 at the material times. Without establishing disability status, the respondent had no duty to make reasonable adjustments.

Harassment(disability)not determined

The harassment claim was listed in the case management order and listed as one of the claims, but the tribunal made no specific finding on it in the preliminary hearing, having determined the threshold issue of disability status against the claimant.

Unfair Dismissalnot determined

The unfair dismissal claim is unaffected by this preliminary judgment on disability status and will proceed to a full merits hearing before a judge alone on dates already fixed.

Facts

The claimant worked part-time for the respondent for over 20 years. Her father died unexpectedly in September 2023 and she was signed off work for stress related to bereavement. She returned to work on 20 November 2023 without restrictions or adjustments, but was signed off again after 27 November 2023 following alleged workplace incidents. She remained off work and issued tribunal proceedings in February 2024. She was dismissed on capability grounds on 6 January 2025 after a prolonged absence.

Decision

The tribunal found the claimant was not disabled within the meaning of the Equality Act 2010 at the material times. Her stress and anxiety were reactions to bereavement and workplace disputes, not an underlying mental impairment having a substantial long-term adverse effect on day-to-day activities. All disability discrimination claims were dismissed. The unfair dismissal claim will proceed to a full hearing.

Practical note

Stress arising from bereavement and workplace conflict, even when resulting in GP certification and medication, does not automatically constitute a disability; claimants must prove an underlying mental impairment with substantial long-term effects on day-to-day activities.

Legal authorities cited

Statutes

Equality Act 2010 s.20Equality Act 2010 s.6Equality Act 2010 s.26Equality Act 2010 s.21Equality Act 2010 Sch.1 para 2Equality Act 2010 Sch.1 para 5Equality Act 2010 s.13Equality Act 2010 s.15

Case details

Case number
6000543/2024
Decision date
11 July 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
other
Represented
Yes
Rep type
barrister

Employment details

Role
Funeral Service Arranger and Conductor
Service
21 years

Claimant representation

Represented
No