Claimant v Mid and East Lothian Drugs SCIO
Outcome
Individual claims
This preliminary hearing determined only that the claimant was a disabled person under the Equality Act 2010. The substantive disability discrimination claims have not yet been heard on their merits.
Facts
Ms Carter was employed by a drug rehabilitation charity as a Recovery Worker from April 2023 to September 2024. She had a long history of Complex PTSD stemming from childhood abuse, diagnosed in 1997, depression diagnosed in 2011, and ongoing anxiety. She experienced hypervigilance, poor sleep with nightmares and flashbacks, difficulty leaving her house, problems with concentration and personal interaction, and struggled with basic personal care. She had received trauma-focused counselling, psychological therapy, and anti-depressant medication which caused adverse side-effects.
Decision
The tribunal found that Ms Carter was a disabled person under section 6 of the Equality Act 2010 at all material times. Despite some concerns about the lack of detail in her evidence, the judge accepted that she had mental impairments (CPTSD, depression, and anxiety) which had a substantial and long-term adverse effect on her ability to carry out normal day-to-day activities including work, personal care, and social interaction. The effect had lasted continuously since at least 1997.
Practical note
A claimant with long-standing mental health conditions can establish disability status even where symptoms fluctuate in response to life events, provided the underlying impairment and its substantial adverse effects have persisted long-term and go beyond normal reactions to stress.
Legal authorities cited
Statutes
Case details
- Case number
- 8000356/2025
- Decision date
- 8 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Recovery Worker
- Service
- 1 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep