Claimant v Dignity Funerals Ltd
Outcome
Individual claims
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.
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.
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.
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.
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
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