[2025] UKUT 107 (AAC)

The conclusion reached at paragraph 61 of the Statement of Reasons that CH’s evidence was not credible that if a customer asked her a question, “she would get anxious”. However, the record of proceedings records that the appellant says that she would get “really really anxious” talking to a customer if they asked her a question and would just go to her supervisor (ROP 53:40). The healthcare professional in March 2022 had assessed the appellant as having limited capability for work related activity due to the risk to her mental health (p68 of 281 of the bundle). The Tribunal did not give reasons for finding that the appellant’s evidence was not credible in this context.

At paragraph 95 and 101 of the Statement of Reasons, the Tribunal found that CH remaining in her pyjamas all day was a lifestyle choice, because she would get dressed when she went to work (for 2 days a week). The Tribunal should have explained how they reached that decision given the Claimant’s uncontradicted evidence that she had low mood and lack of motivation.

At paragraph 116 of the Statement of Reasons, the Tribunal concluded that if CH encountered a diversion when driving and her journey was not necessary she would turn around and go home. The Tribunal concluded from that evidence that “obviously if she had somewhere to go she would follow a diversion.” It is not clear what and why the Tribunal considered that she would follow a diversion and if that meant she could follow a route reliably (as the journey does not have to be “necessary” under the relevant descriptor).