Claimant v London Luton Airport Operations Ltd
Outcome
Individual claims
This claim was not determined at the preliminary hearing which was solely concerned with whether the claimant was disabled within the meaning of the Equality Act 2010.
The claim of race discrimination was withdrawn by the claimant and has already been dismissed.
The tribunal found the claimant was not disabled within the meaning of section 6 of the Equality Act 2010 by reason of carpal tunnel syndrome or stress, anxiety and depression. The claims were struck out as having no reasonable prospect of success. For CTS, although there were some substantial adverse effects by December 2019/January 2020, the effects were not likely to last 12 months and were not recurring. For stress, anxiety and depression, the tribunal found this was a reaction to adverse workplace circumstances rather than a mental impairment with substantial long-term effects on normal day-to-day activities.
Facts
The claimant worked for London Luton Airport and claimed disability discrimination based on carpal tunnel syndrome (December 2019 to February 2020) and stress, anxiety and depression (October to November 2022). He had recurrent CTS symptoms with steroid injections and experienced work-related stress which he attributed to bullying and harassment. He took 18 months sabbatical leave in 2020-2022, then returned briefly before going on long-term sick leave and eventually resigning. His GP records showed intermittent symptoms for CTS and consistent references to work-related stress rather than underlying mental health condition.
Decision
The tribunal found the claimant was not disabled under the Equality Act 2010 at the relevant times. For CTS, although there were some substantial adverse effects by late 2019/early 2020, the claimant failed to prove these were likely to last 12 months as required by statute. For stress, anxiety and depression, the tribunal found this was a reaction to adverse workplace circumstances which abated when away from work, rather than a mental impairment with substantial long-term effects on day-to-day activities. All disability discrimination claims were struck out as having no reasonable prospect of success.
Practical note
A claimant must prove not only substantial adverse effects at the relevant time, but also that those effects were likely to last 12 months based on evidence available at that time, not with hindsight; work-related stress that abates when away from the workplace is likely to be a reaction to circumstances rather than a disabling mental impairment.
Legal authorities cited
Statutes
Case details
- Case number
- 3302477/2023
- Decision date
- 8 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep