Claimant v Barts Health NHS Trust
Outcome
Individual claims
The tribunal found the claimant did not meet the definition of disability under section 6 of the Equality Act 2010 at the relevant time. Medical evidence was inadequate and vague regarding diagnosis, dates, and medication. The claimant failed to demonstrate he had depression and anxiety during his employment or that it substantially affected his ability to carry out normal day-to-day activities.
Claim under section 15 of the Equality Act 2010 dismissed because the claimant did not meet the definition of disability at the relevant time, as determined by the tribunal's findings on the preliminary issue.
Claim under sections 20/21 of the Equality Act 2010 dismissed because the tribunal found the claimant did not meet the definition of disability at the relevant time, which is a prerequisite for this claim.
Struck out because the claimant did not respond to a strike out warning regarding his claim for failure to pay notice pay.
Facts
The claimant was employed as a Pharmacy Trainee for four months from November 2023 to March 2024 and was dismissed. He did not attend work from 8 December 2023 onwards. He brought claims for disability discrimination based on depression and anxiety, alleging mood management issues and forgetfulness. The respondent contested disability status. At a preliminary hearing to determine disability, the claimant provided inadequate medical evidence consisting of letters from 2022 and 2024 with vague diagnoses and no clear information about his condition during employment.
Decision
The tribunal dismissed all disability discrimination claims, finding the claimant failed to prove he met the definition of disability under the Equality Act 2010 at the relevant time. The medical evidence was vague regarding diagnosis, dates, and medication during his employment. The breach of contract claim was struck out for non-response to a warning. All claims failed.
Practical note
Claimants must provide clear, contemporaneous medical evidence with specific dates and impacts on day-to-day activities to establish disability status; vague GP letters stating conditions exist 'since 2014' or using medication at unspecified times are insufficient to discharge the burden of proof.
Legal authorities cited
Statutes
Case details
- Case number
- 3201301/2024
- Decision date
- 2 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Pharmacy Trainee
- Service
- 4 months
Claimant representation
- Represented
- No