Cases6004805/2024

Claimant v Greater London Authority

7 May 2025Before Employment Judge IllingLondon Eastremote video

Outcome

Claimant fails

Individual claims

Direct Discrimination(race)not determined

The tribunal did not determine the race discrimination claims at this preliminary hearing. This hearing was limited to determining disability status and the application to amend to add disability discrimination claims.

Direct Discrimination(race)not determined

The tribunal did not determine the direct race discrimination claims at this preliminary hearing. This hearing was limited to determining disability status and the application to amend.

Harassment(race)not determined

The tribunal did not determine the race harassment claims at this preliminary hearing. This hearing was limited to determining disability status and the application to amend.

Victimisationnot determined

The tribunal did not determine the victimisation claims at this preliminary hearing. This hearing was limited to determining disability status and the application to amend.

Discrimination Arising from Disability (s.15)(disability)dismissed

The tribunal found that the claimant was not a disabled person within the meaning of section 6 Equality Act 2010 during the relevant period (11 December 2023 to 29 March 2024). While the claimant had impairments (dyslexia, mixed anxiety and depression, PTSD) that were long-term, the tribunal was not satisfied that these impairments had a substantial adverse effect on the claimant's day-to-day activities during the relevant period. The claimant provided insufficient medical evidence and GP records to demonstrate the impact on daily activities.

Failure to Make Reasonable Adjustments(disability)dismissed

The tribunal dismissed the reasonable adjustments claim because it found that the claimant was not a disabled person at the relevant time. Without establishing disability status, the claim for failure to make reasonable adjustments could not succeed.

Harassment(disability)dismissed

The tribunal dismissed the disability harassment claim because it found that the claimant was not a disabled person at the relevant time. The threshold requirement of disability status was not met.

Facts

The claimant was employed by the Greater London Authority as an Executive Assistant from March 2023 to March 2024, initially as an agency worker then on a fixed-term contract. She was on sick leave from 7 February 2024 until her contract ended on 29 March 2024. She brought claims of race discrimination (direct discrimination, harassment, victimisation) and sought to amend her claim to add disability discrimination claims (discrimination arising from disability, failure to make reasonable adjustments, harassment) based on dyslexia, mixed anxiety and depression, and PTSD. The claimant alleged she suffered bereavements in January and March 2024 and experienced work-related stress from November 2023.

Decision

The tribunal found that the claimant was not a disabled person under section 6 of the Equality Act 2010 during the relevant period (11 December 2023 to 29 March 2024). While the tribunal accepted that the claimant had long-term impairments of dyslexia, mixed anxiety and depression, and PTSD, it was not satisfied that these impairments had a substantial adverse effect on her day-to-day activities during the relevant period. The claimant failed to provide sufficient medical evidence, particularly GP records, to demonstrate the impact of her conditions. The disability discrimination claims were therefore dismissed.

Practical note

A claimant seeking to establish disability status must provide robust medical evidence demonstrating not just the existence of a condition, but its substantial adverse effect on day-to-day activities during the relevant period; GP letters prepared for litigation without supporting contemporaneous medical records may be insufficient.

Legal authorities cited

Hendricks v Metropolitan Police Commissioner [2003] ICR 530All Answers Ltd v Wes [2021] IRLR 612McDougall v Richmond Adult Community College [2008] IRLR 227London Borough of Lewisham v Malcolm [2008] UKHL 43Mutombo-Mpania v Angard Staffing Solutions Ltd UKEATS/002/18/JWJ v DLA Piper UK LLP [2010] ICR 1052

Statutes

Equality Act 2010 s.20Equality Act 2010 s.21Equality Act 2010 s.27Equality Act 2010 s.26Equality Act 2010 Schedule 1Equality Act 2010 s.6Equality Act 2010 s.13Equality Act 2010 s.15

Case details

Case number
6004805/2024
Decision date
7 May 2025
Hearing type
preliminary
Hearing days
2
Classification
contested

Respondent

Sector
public sector
Represented
Yes
Rep type
barrister

Employment details

Role
Executive Assistant
Service
1 years

Claimant representation

Represented
No