Success at Employment Tribunal for Aisha Jung against Amnesty International

Rahman Lowe have successfully represented client, Aisha Jung at a Preliminary Hearing (“PH”) at the London Central Employment Tribunal.

Ms Jung has brought claims against her former employer, Amnesty International for whistleblowing, religious and disability discrimination. Further details about her claim can be found here.

As part of her claim, Ms Jung claims that she has suffered from stress and anxiety, and that this constitutes a disability under the Equality Act 2010. Amnesty have argued that Ms Jung suffered from an adverse life event, and therefore any consequent effect from that event, could not be considered to be a mental impairment/disability.

In a judgment sent to the parties on 28 February 2023, Employment Judge R Havard rejected Amnesty’s position and found that Ms Jung’s condition does amount to a disability. The Judge made the following statements which are of particular significance in this case:

● “…. Having listened carefully to her give evidence, I am satisfied that the Respondent’s decision to reinstate AN’s [Alexei Navalny] POC status had a profound effect upon the Claimant who alleged that the decision was taken by the Respondent despite what she described as AN’s, “advocacy of racist violence towards Muslims”” [para 16]

● “… I find that the Respondent’s decision caused the Claimant to suffer from anxiety, stress and a sense of isolation; the Claimant maintained that she was unable to return to work as a result of the effect of the Respondent’s decision in respect of AN and did not return to work prior to her dismissal” [para 18];

● “I accept the description provided by the Claimant and her husband of the affects that her diagnosed condition of stress and anxiety has had since May 2021, and continues to have, on her day-to-day life and activities” [para 41];

● “Taking account of the Claimant’s commitment to the Respondent and all that it stands for, and her belief as to the appropriateness of the Respondent’s decision, I am satisfied that the decision (which, whilst not relevant to the issues on which I must decide, the Respondent may have been perfectly entitled to make), had a profound effect on the Claimant for the reasons outlined in my findings” [para 63].

The judgment can be read in full here.

The successful judgment means that Ms Jung will now be able to continue with her claim for disability discrimination along with her other claims, in particular, stating that Amnesty had failed to consider making reasonable adjustments before deciding to terminate her employment on 9 May 2022.

Ms Jung is delighted with the outcome of the preliminary hearing but the fight to now succeed with the rest of the claim continues. The case is now due to be heard at London Central Employment Tribunal for 10 days from 27 March 2023.

Ms Jung is crowdfunding her case and if you would like to contribute to her campaign, please click here.

For further information, please contact our specialist whistleblowing and discrimination solicitors on 0207 956 8699 or email us at info@rllaw.co.uk.

06/03/23