London Borough of Hounslow

Case Summary

The claimant, Miss Saher Babiker, was employed by the respondent, the London Borough of Hounslow, on a fixed-term contract from July 2022 to March 2023. The claimant claimed she had generalized anxiety disorder and recurrent depressive disorder, which amounted to a disability under the Equality Act 2010. However, the employment tribunal found that while the claimant had these mental impairments, they did not have a substantial adverse effect on her ability to carry out normal day-to-day activities over the long term, and therefore she did not meet the legal definition of disability. As a result, her claim for disability discrimination could not succeed.

The claimant's mental health impairments (generalized anxiety disorder and recurrent depressive disorder) did not meet the legal definition of disability under the Equality Act 2010 because they did not have a substantial adverse effect on her ability to carry out normal day-to-day activities over the required long-term period of at least 12 months.

• •whether the claimant was a disabled person under the Equality Act 2010

Reference number 2302780-2023 EMPLOYMENT TRIBUNALS London South Employment Tribunal 13 December 2024 (video) Claimant: Saher Babiker Respondent: London Borough of Hounslow Before: Judge M Aspinall (sitting alone as an Employment Judge) Appearances: Miss S Babiker, in person Ms S King, Counsel for the Respondent Judgment The Claimant did not meet the legal definition of a disabled person under Section 6 of the Equality Act 2010 during her period of employment from July 2022 to March 2023. While she had the impairments of generalized anxiety disorder and recurrent depressive disorder, the Tribunal concluded these did not have a substantial adverse effect on her ability to undertake normal day-to-day activities over the requisite long-term period of at least 12 months. As she was not disabled, for the purpose of Section 6, her claim for disability discrimination cannot succeed. Reasons Background 1. The Claimant is Miss Saher Babiker. The Respondent is the London Borough of Hounslow, a local government authority. 2. Miss Babiker was engaged by the Respondent on a fixed-term contract from 18th July 2022 until 31st March 2023, a period of around 8 months. Her role was as an Independent Domestic Violence Advisor. 3. On 21st February 2023, Miss Babiker informed her line manager, Miss Espinella, about having anxiety and social anxiety. She was then signed off as unfit for work from 23rd February 2023 until 31st March 2023, with multiple fit notes covering this period found at pages 171-176 of the bundle. 4. It is Miss Babiker's case that on 13th March 2023, her line manager spoke to her and told her she needed to return to work or face disciplinary action or alternatively resign. On 23rd March, she emailed the director of HR, Mr Walker Whitehead, alleging she had been given that ultimatum. 5. On 27th March 2023, the Head of Community Safety, Parmit Chadha, wrote to Miss Babiker acknowledging her emai…