Cases3302831/2024

Claimant v London North West University Healthcare NHS Trust

3 March 2025Before Employment Judge L CowenWatfordin person

Outcome

Other

Individual claims

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

This was a preliminary hearing to determine whether the claimant was disabled within the meaning of s.6 Equality Act 2010. The tribunal found the claimant was disabled from February 2023 to December 2023 due to moderately severe depression and severe anxiety. The substantive discrimination claims have not yet been heard.

Facts

The claimant worked as an Audiologist for the NHS Trust from February 2012 to December 2023. She experienced anxiety symptoms from 2012 following an incident with a colleague, but did not seek help until 2020. In February 2023 an occupational therapist diagnosed moderately severe depression. The claimant was signed off work from April 2023 with work-related stress and received CBT therapy for generalised anxiety and depression. She experienced substantial adverse effects including inability to organise herself and her children, poor hygiene, concentration difficulties, forgetfulness, and inability to socialise.

Decision

The tribunal found the claimant was a disabled person within the meaning of s.6 Equality Act 2010 from February 2023 to beyond December 2023 due to moderately severe depression and severe anxiety. The tribunal accepted her evidence of substantial adverse effects on day-to-day activities including cooking, personal hygiene, concentration, and socialising. Medical evidence from therapy providers and self-assessment questionnaires supported her account.

Practical note

A claimant can establish disability without contemporaneous GP records if there is sufficient medical evidence from other healthcare providers and credible testimony about substantial adverse effects on day-to-day activities.

Legal authorities cited

Aderemi v London and South Eastern Railway Ltd [2013] ICR 591All Answers Ltd v W 2021 IRLR 612Igweike v TSB Bank plc [2020] IRLR 267Hendricks v Metropolitan Police Commissioner [2003] ICR 530

Statutes

Equality Act 2010 s.6

Case details

Case number
3302831/2024
Decision date
3 March 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
barrister

Employment details

Role
Audiologist
Service
12 years

Claimant representation

Represented
No