Chronic fatigue syndrome claim fails as tribunal finds no disability

A case that turned on the definition of disability

This case illustrates a fundamental hurdle in disability discrimination claims: proving that you have a disability in the legal sense. The claimant, an IVA drafter with nine months' service, had been diagnosed with chronic fatigue syndrome (CFS/ME) in 2013. She received CBT and nurse sessions in 2013-2014 and adopted lifestyle management strategies. However, the tribunal found that her condition did not have a substantial and long-term adverse effect on her normal day-to-day activities. The medical evidence showed that after initial treatment, she was able to work full-time, drive, and engage in social activities without significant limitation. The tribunal concluded that while she had a diagnosis, the statutory test for disability was not met.

What the employer did right

Even if the claimant had been found disabled, the tribunal noted that the respondents had acted reasonably. When the claimant refused training for Meeting of Creditors calls, citing burnout, the employer offered a phased training plan and confirmed she would not be required to take on the new work until fully trained. This was a reasonable adjustment. The dismissal itself was for conduct – following complaints from colleagues about her attitude – not because of her condition. The tribunal found that the respondents had not treated her unfavourably because of something arising from her disability.

Key takeaway for potential claimants

This case is a reminder that a medical diagnosis does not automatically mean you are protected under the Equality Act. You need to demonstrate that your condition has a substantial and long-term impact on your daily life. Keeping a diary of symptoms and their effects, and obtaining up-to-date medical reports, can help. It also shows that employers who engage with requests for adjustments and offer reasonable alternatives are likely to be protected from discrimination claims.