A woman lawyer has won her appeal against an employment tribunal ruling that disability discrimination did not lie behind a major law firm’s decision to withdraw a job offer.

The lawyer, identified only as J, had a job offer withdrawn by national firm DLA Piper in June 2008, within days of telling the human resources manager about her history of depression. During a February 2009 hearing before an employment tribunal sitting at London Central, DLA Piper successfully argued that J was not disabled within the meaning of the Disability Discrimination Act at the date of the alleged discrimination, in May to June 2008. She was not suffering from a clinically recognised condition at the time and showed no evidence of mental impairment.

J’s claim was accordingly struck out and dismissed.

In a judgment delivered on Tuesday this week, the Employment Appeal Tribunal (EAT), allowed J’s appeal on the grounds that the employment tribunal had not taken into account the evidence of her GP, who was satisfied that at the time of the alleged discrimination J was suffering from clinical depression.

The EAT did not allow J’s claim that DLA Piper had discriminated against her because of her perceived rather than actual disability. However, it is now open for J to apply to amend the case in the employment tribunal to include perceived discrimination.

Russell Jones & Walker’s Kiran Daurka, who acted for J, said: ‘Although J won her [appeal], mental health sufferers must still jump significant hurdles to prove a debilitating disability. This judgment has not clarified the law, just made it more onerous. J must now go back to court for the third time.’