Claimant v Lavoro Design Ltd
Outcome
Individual claims
The tribunal determined the preliminary issue of whether the claimant was disabled. The substantive direct discrimination claim relating to conduct during employment and redundancy has not yet been determined on its merits.
The tribunal determined the preliminary issue of whether the claimant was disabled. The substantive indirect discrimination claim has not yet been determined on its merits.
Facts
The claimant was employed as a Sales Executive from May 2022 to January 2024. His brother died by suicide on 19 March 2023, following which the claimant was diagnosed with depression and anxiety and prescribed medication (Mirtazipine) from August 2023 to March 2024. He also attended 16 counselling sessions. The claimant suffered significant effects on his sleep, causing severe fatigue and low moods, and affecting his ability to attend work on time. He was eventually made redundant, which he claims was discriminatory.
Decision
The tribunal found that the claimant was disabled within the meaning of section 6 of the Equality Act 2010 by reason of depression and anxiety from 19 March 2023 to 18 September 2024. The mental impairment had a substantial adverse effect on his ability to carry out normal day-to-day activities, particularly sleep, and lasted more than 12 months. The substantive discrimination claims have yet to be determined.
Practical note
GP advice to abstain from work and prescribed medication for depression and anxiety, combined with significant effects on sleep and ability to work, are sufficient to establish disability status for the purposes of the Equality Act 2010.
Legal authorities cited
Statutes
Case details
- Case number
- 1600968/2024
- Decision date
- 5 March 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- in house
Employment details
- Role
- Sales Executive
- Service
- 2 years
Claimant representation
- Represented
- Yes
- Rep type
- solicitor