Claimant v John Kenyon and Claire Kenyon t/a The Children's Day Nursery
Outcome
Individual claims
This was a preliminary hearing solely to determine disability status. The tribunal found the claimant was disabled due to anxiety and ruled that the indirect disability discrimination claim can proceed to a full merits hearing.
This was a preliminary hearing solely to determine disability status. The tribunal found the claimant was disabled due to anxiety and ruled that the failure to make reasonable adjustments claim can proceed to a full merits hearing.
This was a preliminary hearing solely to determine disability status. The tribunal found the claimant was disabled due to anxiety and ruled that the disability-related harassment claim can proceed to a full merits hearing.
This claim was mentioned in the judgment but was not the subject of the preliminary hearing. The tribunal made no determination on this claim.
This claim was mentioned in the judgment but was not the subject of the preliminary hearing. The tribunal made no determination on this claim.
Facts
The claimant was employed as Nursery Manager from July 2017 to June 2024. In October 2019, she was prescribed Sertraline for anxiety, low mood, and stress associated with menopause and workplace pressures. She was signed off work for approximately one month and underwent a phased return. She remained on medication continuously from October 2019 through dismissal. She disclosed her condition on a medical declaration form in December 2019 and confirmed no changes to her health status in annual appraisals in 2021, 2022, and 2023. The respondents argued she had recovered fully and presented no signs of continuing impairment, relying on her effective work performance.
Decision
The tribunal found the claimant was a disabled person within the meaning of section 6 of the Equality Act 2010 throughout the relevant period (March to June 2024) due to anxiety. The tribunal accepted her detailed evidence of symptoms including sleep disruption, poor concentration, fatigue, and social withdrawal, which were mitigated by medication and coping strategies. Applying the statutory deregard for mitigating measures, the tribunal found the impairment had a substantial and long-term adverse effect on normal day-to-day activities. The disability discrimination claims can therefore proceed.
Practical note
When assessing disability status, tribunals must disregard the effect of medication and coping strategies and consider what would happen if treatment ceased, even where an employee appears to function well at work.
Legal authorities cited
Statutes
Case details
- Case number
- 3310718/2024
- Decision date
- 30 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Nursery Manager
- Service
- 7 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister