Claimant v London Brunel International College
Outcome
Individual claims
This is a preliminary hearing on disability status and time limits only. The substantive claim of constructive unfair dismissal has not yet been determined and will be heard at final hearing.
Tribunal found claimant was not disabled by reason of anxiety and depression at relevant times, though respondent had already conceded disability status for adenomyosis. Direct disability discrimination claims based on anxiety/depression will fail but claims based on adenomyosis remain live for final hearing.
As with direct discrimination, claims based on anxiety/depression disability will not succeed following this preliminary finding, but claims based on adenomyosis disability remain for determination at final hearing.
Claimant found not to be disabled by reason of anxiety and depression, but respondent has conceded disability status for adenomyosis. Reasonable adjustments claims can proceed to final hearing on the basis of adenomyosis disability.
This claim was not addressed at the preliminary hearing which focused on disability status and time limits. The sex discrimination claim remains to be determined at final hearing.
Victimisation claim not addressed at this preliminary hearing. Will be determined at final hearing along with other substantive claims.
Disability-related harassment complaints from late 2022/early 2023 were subject to time limit arguments, but tribunal deferred determination to final hearing. Harassment claims based on anxiety/depression disability are undermined by the finding that claimant was not disabled by that condition, but harassment claims based on adenomyosis remain live.
Facts
Claimant was employed by respondent from December 2020 until resigning in December 2023. Claimant brought multiple claims including constructive dismissal and various discrimination claims based on two alleged disabilities: adenomyosis (which respondent conceded was a disability) and anxiety/depression. Claimant relied on evidence of mental ill health in 2016 and again in 2022/2023, including referrals for CBT and counselling, medical records noting reactive depression and adjustment disorder, and a prescription for Sertraline from January 2024.
Decision
Tribunal found claimant was not disabled by reason of anxiety and depression at relevant times under s.6 Equality Act 2010. Medical evidence pointed to adverse reaction to life events rather than clinical illness, and claimant failed to prove the long-term condition or substantial adverse effects on day-to-day activities. Tribunal deferred determination of time limit issues regarding disability-related harassment complaints to final hearing, finding the claims too complex and factually interlinked to determine jurisdiction at preliminary stage.
Practical note
Mental health disability claims require clear medical evidence distinguishing clinical illness from situational reactions to adverse events, and claimants must provide specific evidence of substantial effects on normal day-to-day activities at the relevant time, not just current effects.
Legal authorities cited
Statutes
Case details
- Case number
- 3300074/2024
- Decision date
- 7 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- barrister
Employment details
- Service
- 3 years
Claimant representation
- Represented
- No