Claimant v Phase 3 Consulting Ltd
Outcome
Individual claims
This was a preliminary hearing to determine disability status only. The tribunal found that anxiety and depression constituted a disability under Section 6 of the Equality Act 2010, but Long Covid or Post Covid 19 Syndrome did not meet the definition on the particular facts of this case. The substantive discrimination claims remain to be determined.
Facts
This was a preliminary hearing to determine whether the claimant had disabilities within the meaning of the Equality Act 2010. The claimant contended she had two disabilities: anxiety and depression, and Long Covid or Post Covid 19 Syndrome. Both parties were represented by counsel at the video hearing.
Decision
The tribunal found that the claimant's anxiety and depression did meet the definition of disability under Section 6 of the Equality Act 2010. However, on the particular facts of her case, the claimant's Long Covid or Post Covid 19 Syndrome did not amount to a disability.
Practical note
Long Covid claims require careful fact-specific analysis and will not automatically meet the disability definition, even where anxiety and depression arising from the same employment relationship are found to be disabilities.
Legal authorities cited
Statutes
Case details
- Case number
- 2400294/2024
- Decision date
- 21 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister