Claimant v Everest 2020 Limited
Outcome
Individual claims
The tribunal found that the claimant was not a disabled person within the meaning of s.6 Equality Act 2010 during the relevant period of March 2023. His mental impairment (adverse reactions to life events) did not have a substantial and long-term adverse effect on his ability to carry out day-to-day activities. The symptoms were variable, improved with CBT treatment, and the medical evidence indicated the condition was reactive and capable of alleviation once circumstances changed. It was not likely to last 12 months at the relevant time.
This claim remains to be determined at the full hearing listed for May 2024 and was not addressed at this preliminary hearing on disability status.
This claim remains to be determined at the full hearing listed for May 2024 and was not addressed at this preliminary hearing on disability status.
Facts
The claimant began experiencing sleep difficulties and anxiety in December 2022 following bereavement. He was signed off work on 1 February 2023 for four weeks and undertook CBT which was beneficial. His GP advised he could return to work on a phased basis from 1 March 2023. The respondent did not grant a phased return, instead raising 22 performance and conduct allegations and the possibility of redundancy. The claimant's condition deteriorated as a result and he remained off work. He was ultimately dismissed with effect on 17 July 2023. The claimant later developed cancer and was undergoing chemotherapy at the time of this hearing.
Decision
The tribunal found the claimant was not disabled within the meaning of the Equality Act 2010 during the relevant period (March 2023). While he had a mental impairment (adverse reactions to life events), it did not have a substantial and long-term adverse effect on day-to-day activities. His symptoms were variable, improved with CBT, and there was insufficient evidence that the impairment was likely to last 12 months at the relevant time. The reasonable adjustments claim was therefore dismissed. The unfair and wrongful dismissal claims proceed to a full hearing.
Practical note
Reactive mental health conditions triggered by specific life events require careful temporal analysis of when symptoms meet the threshold for 'substantial', 'long-term' and 'likely to last' — improvement through treatment and variability of symptoms prior to the critical period may defeat a disability claim even where the condition subsequently worsens.
Legal authorities cited
Statutes
Case details
- Case number
- 1602859/2023
- Decision date
- 8 April 2024
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No