Claimant v Simmons and Simmons LLP
Outcome
Individual claims
The tribunal found that the claimant was not disabled within the meaning of section 6 Equality Act 2010 at the relevant time. The claimant failed to prove that the adverse effects of her impairment were substantial (more than minor or trivial), and even if they were, they had not lasted and were not likely to last 12 months at the relevant time. The claim was therefore struck out.
The tribunal found that the claimant was not disabled within the meaning of section 6 Equality Act 2010 at the relevant time. Without establishing disability status, the discrimination arising from disability claim could not proceed. The claim was therefore struck out.
The tribunal found that the claimant was not disabled within the meaning of section 6 Equality Act 2010 at the relevant time. The duty to make reasonable adjustments only arises if the claimant is disabled. As this was not established, the claim was struck out.
Facts
The claimant was employed by a law firm from February to September 2023 on probation. Her probation was twice extended due to performance concerns, and she was ultimately dismissed. She contended she began experiencing fibromyalgia symptoms around April 2023, reporting pain, fatigue, brain fog and headaches to her GP. She believed she was verbally diagnosed with fibromyalgia in August 2023 and was prescribed Amitriptyline. During this period she also suffered multiple family tragedies. She brought claims for disability discrimination but her employment was terminated before she had a formal diagnosis or rheumatology assessment.
Decision
The tribunal struck out all of the claimant's disability discrimination claims, finding she was not disabled within the meaning of the Equality Act 2010 at the relevant time. The tribunal found the claimant had impairments (pain, fatigue, brain fog, headaches) but concluded she had not proven these had a substantial adverse effect on her day-to-day activities, and that even if they did, they were not shown to be long-term (likely to last 12 months) as of September 2023, given symptoms had only been present for around five months and there was no formal diagnosis.
Practical note
A claimant alleging fibromyalgia-based disability must provide credible, detailed evidence of substantial impact on day-to-day activities and likelihood of long-term duration; significantly altering witness statements to address respondent's objections will severely damage credibility and likely lead to claim failure.
Legal authorities cited
Statutes
Case details
- Case number
- 2216708/2024
- Decision date
- 10 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- legal services
- Represented
- Yes
- Rep type
- barrister
Employment details
- Service
- 7 months
Claimant representation
- Represented
- Yes
- Rep type
- barrister