Claimant v Kensington Park School Ltd
Outcome
Individual claims
The tribunal found the claimant failed to prove he was disabled at the relevant time. He did not prove he had the impairments of anxiety and depression, only work-related stress. He failed to prove his condition was likely to last at least 12 months. He failed to prove his mental health problems had a substantial adverse effect on his ability to do day-to-day activities. No medical evidence of diagnosis was provided despite orders for disclosure.
Struck out because the claimant failed to establish he was disabled at the relevant time, which is a prerequisite for disability-related harassment claims under the Equality Act 2010.
Facts
The claimant was a 71-year-old headmaster dismissed in March 2024 after a disciplinary process that began in September 2023. He claimed to suffer from anxiety, depression and stress as a result. He had three sick notes for 'stress at work' covering January to March 2024 but no GP records or formal diagnosis. He continued as Vice-Captain then Captain of his golf club, maintained his golf handicap, took two holidays to Spain, and remained Chair of Governors at another school throughout the relevant period.
Decision
The tribunal struck out the disability discrimination and harassment claims because the claimant failed to prove he was disabled at the relevant time. He only proved work-related stress, not anxiety and depression. There was no medical evidence of diagnosis, no proof the condition would last 12 months, and no proof of substantial adverse effect on day-to-day activities given his active involvement in golf club leadership and school governance.
Practical note
Claimants alleging mental health disability must provide credible medical evidence of diagnosis and substantial impact on daily activities; self-diagnosis and continuation of demanding voluntary roles will fatally undermine such claims.
Legal authorities cited
Statutes
Case details
- Case number
- 2217985/2024
- Decision date
- 5 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- headmaster
Claimant representation
- Represented
- Yes
- Rep type
- barrister