Cases8000468/2023

Claimant v Life Technologies Limited

29 January 2024Before Employment Judge Michelle SutherlandScotlandin person

Outcome

Claimant fails

Individual claims

Direct Discrimination(disability)failed

The tribunal found that the claimant did not have a mental impairment that had a substantial and long-term adverse effect on her ability to carry out normal day-to-day activities. The effects on her sleep, driving, socialising, and work were sporadic and short-term, arising from stress and low mood rather than an overarching mental impairment. The tribunal concluded she was not disabled under Section 6 of the Equality Act 2010 during the relevant period (June 2022 to July 2023), and therefore the disability discrimination claim could not proceed.

Facts

The claimant worked as an Associate Accountant from September 2020 to August 2023. She experienced work-related stress and low mood between June 2022 and July 2023, with absences in May 2022 (5 days), July to September 2022 (over 2 months), and November 2022 (1 day). She was prescribed anxiety medication in November 2022 which she took for three months. Her symptoms were exacerbated by ongoing separation proceedings and workplace performance issues. She worked from home from January 2022 onwards and resigned in July 2023.

Decision

The tribunal found that the claimant was not disabled under the Equality Act 2010 during the relevant period. While her sleep, driving, socialising, grocery shopping, and work were affected on occasions, these effects were sporadic and short-term. The tribunal concluded they were caused by stress and low mood in reaction to adverse life circumstances, rather than by an overarching mental impairment, and therefore did not meet the statutory definition of disability.

Practical note

Sporadic and short-term effects on normal day-to-day activities caused by stress and low mood in response to adverse life events will not satisfy the definition of disability unless they provide a basis to infer an underlying long-term mental impairment.

Legal authorities cited

J v DLA Piper UK LLP [2010] ICR 1052Royal Bank of Scotland plc v Morris UKEAT/0436/10Kapadia v London Borough of Lambeth [2000] IRLR 699Cruickshank v VAW Motorcast Ltd [2002] ICR 729SCA Packaging Ltd v Boyle [2009] UKHL 37

Statutes

Equality Act 2010 Sch 1 para 5Equality Act 2010 Sch 1 para 2(2)Equality Act 2010 Sch 1 para 2(1)Equality Act 2010 s.212(1)Equality Act 2010 s.6

Case details

Case number
8000468/2023
Decision date
29 January 2024
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
technology
Represented
Yes
Rep type
solicitor

Employment details

Role
Associate Accountant
Service
3 years

Claimant representation

Represented
No