Claimant v Jaguar Land Rover Limited
Outcome
Individual claims
The Tribunal found that the claimant did not make out that he suffered a mental impairment of stress and depression which met the definition of disability under Section 6 of the Equality Act 2010 at the time of the event in March 2022. The supporting evidence did not demonstrate a mental impairment prior to March 2022 that had a substantial adverse effect on day-to-day activities such as returning to work.
This claim related to the refusal of further CBT counselling sessions recommended by a medical professional. The preliminary hearing dealt only with whether the claimant had a disability at the relevant time; the substantive merits of this claim were not determined at this hearing.
Facts
The claimant brought disability discrimination claims against Jaguar Land Rover relating to alleged bullying, harassment and victimisation, and the refusal to provide further CBT counselling sessions in March 2022. The claimant had been absent from work since July 2021 due to work-related stress and had been receiving CBT counselling from the company's Occupational Health Department. The respondent conceded that the claimant's IBS was a disability but disputed that his stress and depression constituted a disability at the relevant time.
Decision
The Tribunal decided at a preliminary hearing that the claimant had not established that stress and depression constituted a mental impairment meeting the definition of disability under Section 6 of the Equality Act 2010 at the time of the events in March 2022. The supporting evidence did not demonstrate that the alleged mental impairment had a substantial adverse effect on day-to-day activities prior to March 2022.
Practical note
A claimant must provide sufficient evidence that their mental health condition had a substantial adverse effect on day-to-day activities at the relevant time, not merely that they were receiving treatment or were absent from work due to stress.
Legal authorities cited
Statutes
Case details
- Case number
- 1302543/2022
- Decision date
- 14 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No