Claimant v JTL
Outcome
Individual claims
The claim was based on the claimant being disabled due to psychological impact of IVF, anxiety, stress, and depression. The tribunal found the claimant was not disabled at the material time. Only stress was established as an impairment. Sleep disturbance was the only substantial adverse effect found, but it was not long-term (lasted approximately 2 months and was not likely to last 12 months). Therefore, the disability harassment claim failed as the jurisdictional threshold of disability was not met.
There was an outstanding application to amend the claim to include a failure to make reasonable adjustments claim. This application fell away as a result of the tribunal's finding that the claimant was not disabled at the material time.
Facts
The claimant underwent IVF treatment between 2020 and 2023. Between November 2022 and June 2023, she experienced various symptoms which she attributed to IVF side effects, stress, depression and anxiety. She had several periods of sickness absence, mostly for IVF treatment itself, and one for work-related stress between March and April 2023. She sought counselling in May 2023 for sleep problems. She raised a grievance about treatment by the respondent and attributed much of her stress to the workplace situation. She left employment and her stress subsided.
Decision
The tribunal found the claimant was not disabled at the material time. While stress was established as an impairment, the only substantial adverse effect identified was sleep disturbance, which lasted approximately two months (March to May 2023) and was not likely to last 12 months. The tribunal found insufficient medical evidence to establish depression, anxiety, or psychological illness from IVF as separate impairments. All disability-based claims were therefore dismissed.
Practical note
Claimants alleging disability based on stress, anxiety or depression must provide clear medical evidence and demonstrate substantial long-term adverse effects; self-labelling of conditions and listing of symptoms is insufficient without corroboration and evidence of impact lasting or likely to last 12 months.
Legal authorities cited
Statutes
Case details
- Case number
- 2305822/2023
- Decision date
- 6 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- JTL
- Sector
- education
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- Yes
- Rep type
- lay rep