The definition of disability in the Equality Act 2010 states that the physical or mental impairment suffered by the individual must have a substantial and long-term adverse effect on the individual’s ability to carry out normal day-to-day activities. An effect will be long-term if, at the time of the discriminatory act, it has lasted at least 12 months, or is likely to last that long. This question will sometimes be difficult to determine, and medical evidence will usually be necessary. Where anxiety centres on workplace issues it should not automatically be assumed that when employment terminates the anxiety will fall away
In this case a claimant suffered from anxiety which had a substantial adverse effect on her ability to carry out normal day-to-day activities. Her anxiety only started when she experienced a loss of confidence and felt overwhelmed at work, she had experienced anxiety for only three and a half months. The tribunal concluded that, following the termination of her employment, her anxiety was unlikely to persist given that it centred on workplace issues and so she was not disabled.
However, the EAT held that the tribunal had incorrectly placed material weight on the fact the workplace was causing her anxiety and that it was unlikely to persist after termination of her employment. The tribunal should have focused on whether the effect of her anxiety could well have continued for another eight and a half months, notwithstanding the termination of her employment and lack of medical evidence.
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