Cases8000510/2024

Claimant v St. Andrew's Timber & Building Supplies Ltd

28 May 2025Before Employment Judge L DohertyScotlandremote video

Outcome

Other

Individual claims

Failure to Make Reasonable Adjustments(disability)not determined

This was a preliminary hearing on disability status only. The tribunal determined that the claimant was a disabled person under the Equality Act 2010 due to anxiety. The substantive claim of failure to make reasonable adjustments has not yet been determined and remains to be heard at a final hearing.

Facts

The claimant, aged 22, worked in the respondent's accounts department from December 2022 to February 2024. She had a documented history of anxiety dating back to 2020, for which she was regularly prescribed anti-depressant medication. Her symptoms included low mood, difficulty sleeping, poor appetite, physical sickness, and neglect of self-care. When she stopped taking medication, her symptoms returned. By August 2023 her symptoms were at their worst and she was certified unfit for work. She managed to present well at work but struggled significantly with daily activities.

Decision

The tribunal determined that the claimant was a disabled person under section 6 of the Equality Act 2010 during the relevant period (December 2022 to February 2024). The tribunal found she had the mental impairment of anxiety, which had a substantial and long-term adverse effect on her ability to carry out normal day-to-day activities including self-care, shopping, and social interaction. The effects, assessed without medication, had lasted more than 12 months.

Practical note

A claimant with a long history of anxiety treated with anti-depressants may satisfy the disability definition even if they appear to function well at work, where untreated symptoms substantially affect normal day-to-day activities.

Legal authorities cited

J v DLA UKEAT/0236Ahmed v Metroline Travel Ltd UKEAT/04/400/10/JOJ

Statutes

Equality Act 2010 (Amendment) Regulations 2023 Regulation 6Equality Act 2010 Schedule 1Equality Act 2010 s.6

Case details

Case number
8000510/2024
Decision date
28 May 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
retail
Represented
Yes
Rep type
solicitor

Employment details

Role
Accounts Department
Service
1 years

Claimant representation

Represented
No