Claimant v The Pensions Regulator

Outcome

Facts

Claimant worked part-time for The Pensions Regulator. He brought claims under Part-Time Workers Regulations 2000 alleging less favourable treatment and detriment between December 2022 and July 2023. Respondent applied to strike out the claims on no reasonable prospects basis and alternatively for deposit order. Claimant also relied on anxiety as disability. He had received therapy since 2018 and was prescribed medication in July 2023. He had two periods of sickness absence in April and June 2023 due to work-related anxiety.

Decision

Tribunal dismissed respondent's strike out and deposit order applications, finding it could not conclude there were no or little reasonable prospects of success without hearing full evidence at final hearing. Tribunal also determined claimant was disabled person under Equality Act 2010 due to anxiety from 2018 onwards, finding that but for therapy treatment the anxiety would have had substantial adverse effect on day-to-day activities and the effect had lasted more than 12 months by the material time.

Practical note

Legal authorities cited