The Claimant was employed by the Respondent as a temporary staffing administrator from 7 September 2020 until she resigned on 16 June 2022. During the course of her employment, the Claimant raised issues because she felt unable to wear a mask during the pandemic. The Claimant brought complaints of disability discrimination, relying on the condition of generalised anxiety and panic disorder.

The EAT allowed the appeal. The ET failed to undertake the straightforward task of considering the Claimant’s evidence, any challenges to that evidence, and reaching clear findings of fact as to whether what she said was correct. The ET could potentially have concluded that her evidence was untruthful. It might have concluded that, though she genuinely believed what she was saying, her evidence was unreliable and what she asserted was factually incorrect. Instead, what the ET did was to state that she had not met the standard of proof. This was done without reaching any conclusion as to her credibility or stating why her evidence should not be accepted.