Claimant v Veolia ES (UK) Ltd

Outcome

Facts

The claimant was employed as a Driver/Operative from August 2023 and sustained a head injury at work on 25 September 2023. She was signed off work with headaches and low mood and remained absent until her dismissal on capability grounds on 14 March 2024. By January 2024 she had been diagnosed with PTSD and post-concussion syndrome by a neurologist. By February 2024 she was experiencing severe symptoms of anxiety and depression, severe pain, flashbacks, panic attacks and other distressing symptoms. Despite medication and psychotherapy, her condition worsened over the six-month period and her prognosis was uncertain.

Decision

The tribunal found that the claimant was disabled by post-traumatic disorder, severe depression and anxiety at the material time. The tribunal rejected the occupational health reports' conclusions that disability was unlikely, finding they contained contradictory statements, applied the wrong legal test (lasting 'longer than' rather than 'at least' 12 months), and failed to provide reasoned analysis. Given the severity of symptoms, worsening condition despite treatment, and uncertain prognosis after six months, it 'could well happen' that the condition would last at least 12 months.

Practical note

Legal authorities cited