Claimant v London North West University Healthcare NHS Trust
Outcome
Individual claims
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
Statutes
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