Cases3303692/2024

Claimant v Medivet Group Limited

19 May 2025Before Employment Judge EmeryWatfordremote video

Outcome

Other

Individual claims

Discrimination Arising from Disability (s.15)(disability)not determined

This was a preliminary hearing to determine disability status only. The tribunal found the claimant was a disabled person from October 2022 to the date of claim due to depression, anxiety and stress, allowing the disability discrimination claims from that date to proceed to a full merits hearing.

Facts

The claimant worked for Medivet and alleged continuing disability discrimination from Summer 2022 to April 2024. She claimed to be disabled due to depression, anxiety and stress from September/October 2022. Medical records showed symptoms of stress, anxiety, migraine and visual disturbances from March 2022, worsening significantly by July 2023 when she presented to her GP in hysterics, tearful, overwhelmed, with panic attacks, weight loss and inability to care for herself. She was prescribed propranolol in August 2023 and anti-depressants in April 2024. The respondent accepted disability from 11 April 2024 only.

Decision

The tribunal found the claimant was a disabled person from October 2022 to the date of claim. The judge accepted her evidence that symptoms became substantially impairing from October 2022, worsening progressively, supported by GP records showing stress-related migraines requiring specialist assessment and the GP letter of September 2023 confirming symptoms from October 2022. Claims from October 2022 onwards can proceed; earlier claims cannot.

Practical note

A tribunal can find disability status based on claimant evidence about gradual worsening of symptoms even where GP records are sparse, if supported by contemporaneous medical evidence and coherent testimony about impact on day-to-day activities.

Legal authorities cited

All Answers Limited v W [2021] EWCA 606Tesco Stores Ltd v Tennant [2020] IRLR 363Parnaby v Leicester City Council UK EAT/0025/19Nissa v Waverley Education Foundation Ltd & Anor [2019] UKEAT/0135/18/DASCA Packaging Ltd v Boyle [2009] ICR 1056 HL

Statutes

Equality Act 2010 s.212Equality Act 2010 s.6Equality Act 2010 Schedule 1 para 5(1)Equality Act 2010 Schedule 1 para 2(2)Equality Act 2010 Schedule 1 para 2(1)

Case details

Case number
3303692/2024
Decision date
19 May 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No