Cases6004204/2024

Claimant v Jigsaw Homes Group Ltd

13 March 2025Before Employment Judge Callum CowxManchesterremote video

Outcome

Claimant fails

Individual claims

Direct Discrimination(disability)not determined

Preliminary hearing addressed only whether claimant had the disability of anxiety and depression. Tribunal found the claimant did not have a mental health impairment in the form of anxiety and depression at the relevant time, being concerned with cancer-related worry rather than clinical anxiety or depression until after January 2024.

Discrimination Arising from Disability (s.15)(disability)not determined

Preliminary hearing on disability status only. Tribunal found the claimant was not disabled by anxiety and depression during the relevant period of alleged detriments (January 2022 to January 2024), though the respondent accepted he was disabled by cancer.

Indirect Discrimination(disability)not determined

Preliminary hearing limited to determining disability status regarding anxiety and depression. Tribunal ruled against the claimant on this preliminary issue.

Failure to Make Reasonable Adjustments(disability)not determined

Not determined at this preliminary hearing which addressed only the question of whether anxiety and depression constituted a disability. The tribunal found they did not at the relevant time.

Victimisationnot determined

The preliminary hearing was confined to the disability status question and did not determine the substantive victimisation claim related to alleged protected disclosures about dangerous exhaust fumes.

Whistleblowingnot determined

Claimant asserted protected disclosures about dangerous exhaust fumes from January 2022 to January 2024, but this preliminary hearing only addressed whether he was disabled by anxiety and depression, not the whistleblowing claim itself.

Facts

Mr Lear worked as a mobile caretaker for a housing provider from April 2012. He had been treated for cancer in 2015 and claimed he suffered from anxiety and depression as disabilities. He alleged detriments following protected disclosures about dangerous van exhaust fumes between January 2022 and January 2024. His medical records showed episodic anxiety primarily linked to cancer fears from 2010-2020, with a diagnosis of mixed anxiety and depressive disorder only appearing in June 2024 after he went on sick leave in January 2024.

Decision

The tribunal found that Mr Lear did not have a mental health impairment in the form of anxiety and depression at the time relevant to his claims (January 2022 to January 2024). His anxiety during this period was general worry about cancer rather than a clinical condition. While he may now suffer from clinical anxiety and depression, the medical evidence showed this diagnosis only arose in 2024 after his conflict with the respondent, not during the period of alleged discrimination.

Practical note

General anxiety and worry linked to specific life events or health concerns, even if recurring and documented by GPs, does not necessarily constitute a disability under the Equality Act without evidence of a clinically recognised mental impairment having substantial and long-term adverse effects on day-to-day activities.

Legal authorities cited

Statutes

Equality Act 2010 s.15Equality Act 2010 s.19Equality Act 2010 s.6Equality Act 2010 s.27Equality Act 2010 s.43BEquality Act 2010 s.21Equality Act 2010 s.13

Case details

Case number
6004204/2024
Decision date
13 March 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
real estate
Represented
Yes
Rep type
barrister

Employment details

Role
mobile caretaker

Claimant representation

Represented
No