Claimant v The Cambridge City Foodbank
Outcome
Individual claims
This was a preliminary hearing solely on the question of whether the claimant had a disability under the Equality Act 2010. The tribunal found that the claimant had the disability of mixed anxiety and depression at the relevant time (20 December 2021 to 7 February 2022). The merits of the discrimination claims have yet to be determined at a full hearing.
This was a preliminary hearing solely on the question of whether the claimant had a disability under the Equality Act 2010. The tribunal found that the claimant had the disability of mixed anxiety and depression at the relevant time. The merits of the failure to make reasonable adjustments claim have yet to be determined at a full hearing.
Facts
The claimant worked part-time (20 hours per week) for the Cambridge City Foodbank from August 2021. She had suffered from mixed anxiety and depression since 2005, taking antidepressants continuously except for two periods when she stopped and relapsed. She had a serious breakdown in 2013 after stopping medication. She had to sleep during the day most days, could not work full-time, and from 2019 struggled with cooking and housework, receiving charity meal deliveries from June 2021. She had no sick leave from the respondent until January 2022 after a distressing phone call at work.
Decision
The tribunal found that the claimant had the disability of mixed anxiety and depression under the Equality Act 2010 at the relevant time (20 December 2021 to 7 February 2022). The condition was long-term, having continued since 2005. The tribunal found a substantial adverse effect on day-to-day activities both with and without medication: without medication she would be likely to be bed-bound based on her 2013 breakdown; with medication she was unable to work full-time, had to sleep during the day almost daily, and from 2019 had variable ability to cook for herself. The tribunal did not find sufficient evidence of long-term cognitive impairments.
Practical note
A claimant can establish disability even when symptoms are managed by medication if evidence shows the deduced effects without medication would be substantial, and tribunals will accept evidence of fluctuating but recurring limitations as meeting the long-term substantial adverse effect test.
Legal authorities cited
Statutes
Case details
- Case number
- 3306589/2022
- Decision date
- 18 September 2024
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- charity
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No