Claimant v University of East London
Outcome
Individual claims
The tribunal found that the claimant did not meet the definition of disability under section 6 of the Equality Act 2010. The claimant asserted he had generalised anxiety disorder, but the medical evidence did not support this diagnosis during the material period (September 2022 to January 2024). The tribunal found the claimant suffered work-related stress/anxiety for approximately 8 months, but this did not have a substantial adverse effect on normal day-to-day activities. The claimant's disability impact statement was not supported by contemporaneous medical evidence. The claims were therefore dismissed as the claimant could not establish disabled status.
Facts
The claimant, a senior lecturer at the University of East London, refused to take on additional course leader duties from September 2022, asserting he had generalised anxiety disorder requiring reasonable adjustments. The respondent persisted with the request, the claimant raised a grievance (not upheld), and disciplinary proceedings commenced in October 2023. The claimant went off sick in October 2023 and resigned in January 2024. This was a preliminary hearing to determine whether the claimant was disabled within the meaning of the Equality Act 2010.
Decision
The tribunal dismissed the disability discrimination claims, finding the claimant did not meet the definition of disability. There was no medical evidence supporting generalised anxiety disorder diagnosis before October 2023. The tribunal found the claimant experienced work-related stress/anxiety for approximately 8 months but found a stark mismatch between his disability impact statement and contemporaneous medical records. The claimant's anxiety did not have a substantial adverse effect on normal day-to-day activities, and he continued to perform his job competently throughout the material period.
Practical note
A claimant's disability impact statement alone is insufficient when contradicted by extensive contemporaneous medical evidence showing no substantial adverse effect on normal day-to-day activities, even where some workplace stress or anxiety is documented.
Legal authorities cited
Statutes
Case details
- Case number
- 3201939/2023
- Decision date
- 13 August 2024
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Senior Lecturer in the School of Health, Sport and Bioscience
- Service
- 12 years
Claimant representation
- Represented
- No