Claimant v B

Outcome

Facts

This was a preliminary hearing to determine whether the claimant had disabilities within the meaning of the Equality Act 2010. The claimant initially relied on 18 conditions; by the hearing, she relied on nine. The respondent conceded six. The tribunal considered the remaining three: chronic migraines, mixed anxiety and depressive disorder, and RSI/Carpal Tunnel Syndrome. The relevant period was 1 December 2021 to 18 December 2023. The claimant gave evidence via an impact statement and a tabular document, and was cross-examined. A bundle of 267 pages including medical records was considered.

Decision

The tribunal found the claimant had a disability at all relevant times by reason of chronic migraines and mixed anxiety and depressive disorder. Both conditions met the four-stage Sullivan test: they were impairments, had substantial adverse effects on normal day-to-day activities, and were long-term. The tribunal found the claimant had a disability from 19 July 2023 onwards by reason of RSI/Carpal Tunnel Syndrome. The symptoms only became substantial from late February 2023, and only met the long-term condition from 19 July 2023 when, after 7 months with no formal diagnosis, there was a real possibility the condition would last 12 months or more.

Practical note

Legal authorities cited