Claimant v Hampshire County Council
Outcome
Individual claims
The preliminary hearing was limited to determining disability status. The substantive unfair dismissal claim remains to be determined at a future hearing.
The tribunal found the claimant was disabled from 1 February 2023 only. Claims relating to alleged discrimination before that date (including refusal of redeployment on 5 December 2022) were dismissed, but claims from 1 February 2023 onwards remain to be determined.
The claim relating to application of the sickness policy from August 2022 was dismissed because the tribunal found the claimant was not disabled until 1 February 2023, so the duty to make adjustments did not arise during the period complained of.
The claimant withdrew his claim for breach of contract and/or unlawful deduction from wages relating to notice pay during the hearing.
Withdrawn by the claimant along with the breach of contract claim relating to notice pay.
Facts
The claimant worked as a Secure Children's Home Practitioner from January 2016 until March 2023. He was suspended in May 2022 following a safeguarding incident, during which he injured his shoulder. Though exonerated, he did not return to work and commenced long-term sickness absence from June 2022 due to anxiety and depression. He attended four occupational health appointments and received therapy from NHS Steps to Wellbeing. He was dismissed on notice in February 2023 following a final absence review meeting he did not attend, with his employment ending on 24 March 2023.
Decision
The tribunal found the claimant was a disabled person by reason of anxiety and depression, but only from 1 February 2023. By that date, he had been absent for over seven months with substantial adverse effects on day-to-day activities and medical evidence showed increasing symptoms requiring further support, making it likely the condition would last 12 months. Claims for discrimination arising from disability before 1 February 2023 and failure to make reasonable adjustments from August 2022 were dismissed.
Practical note
When determining disability status for progressive mental health conditions, tribunals will assess the point at which it became 'likely' (in the sense of 'could well happen') that substantial adverse effects would last 12 months, not merely when the impairment began or when it actually reached 12 months' duration.
Legal authorities cited
Statutes
Case details
- Case number
- 6000814/2023
- Decision date
- 16 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Hampshire County Council
- Sector
- local government
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Secure Children's Home Practitioner
- Service
- 7 years
Claimant representation
- Represented
- No