Teaching Assistant with ADHD, anxiety and depression found disabled under Equality Act
A tribunal ruled that a teaching assistant with ADHD, anxiety and depression was disabled at the time of her employment, allowing her disability discrimination claim to proceed.
1 min read · Last updated 18 May 2026
Case details
- #adhd
- #anxiety
- #depression
- #substantial-adverse-effect
- #long-term
- #medication
Key facts
- The claimant was employed as a Teaching Assistant from 18 December 2020 to 18 June 2021.
- The claimant has ADHD, anxiety, and depression.
- The claimant has been on medication for anxiety and depression since March 2019.
- The claimant attempted to wean off medication in June 2019 and suffered a major episode.
- The tribunal found the claimant was disabled within the meaning of the Equality Act 2010 at the material time.
Timeline
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ADHD diagnosis
The claimant was diagnosed with ADHD by Dr. Clark at United Lincolnshire Hospitals NHS Trust.
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Anxiety and depression diagnosis
The claimant was diagnosed with anxiety and depression (exact date not specified, but accepted by tribunal).
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Started medication for anxiety/depression
The claimant was prescribed fluoxetine after self-referring to step2change.
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Attempted to wean off medication
The claimant tried to stop taking fluoxetine and suffered a major depressive episode.
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Started employment
The claimant began working as a Teaching Assistant at Knossington Grange School Ltd.
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Employment ended
The claimant's employment with the respondent ended.
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First preliminary hearing
Employment Judge Ahmed dismissed claims against second and third respondents; claim against first respondent continued.
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Disability preliminary hearing
Employment Judge Heap heard evidence on whether the claimant was disabled.
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Disability judgment
Employment Judge Heap issued reserved judgment finding the claimant disabled.
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Amendment granted
Employment Judge Ahmed granted the claimant's application to amend her claim.
The legal issue
The tribunal had to decide whether the teaching assistant's combined conditions of ADHD, anxiety and depression amounted to a disability under the Equality Act 2010 at the time of her employment in June 2021.
The outcome
The tribunal decided that the teaching assistant was a disabled person within the meaning of Section 6 Equality Act 2010 at the material time (June 2021).
The key reasons were:
- The claimant had been diagnosed with ADHD in 2008 and with anxiety and depression in 2010.
- She had been on medication for anxiety and depression since March 2019, and when she attempted to wean off in June 2019 she suffered a major depressive episode.
- The tribunal accepted her evidence that the conditions had a substantial adverse effect on her day-to-day activities and were long-term.
No compensation was awarded at this stage as this was a preliminary hearing on the issue of disability status only.
Lessons & takeaways
- A mental health condition can be a disability even if it is controlled by medication, as long as it would have a substantial adverse effect without the medication.
- The 'long-term' requirement can be satisfied by showing the condition has lasted or is likely to last at least 12 months, or is likely to recur.
- A tribunal will consider the combined effect of multiple conditions when deciding if someone is disabled.
- Employers should not assume that a short service period means a disability discrimination claim cannot succeed.
What this case shows
This case is a reminder that mental health conditions such as ADHD, anxiety and depression can qualify as disabilities under the Equality Act 2010, even when the employee has only been in post for six months. The teaching assistant had a long history of these conditions, with diagnoses dating back to 2008 and 2010, and had been on medication since 2019. The tribunal accepted that the conditions had a substantial adverse effect on her day-to-day activities and were long-term.
What the employer could have done differently
The employer disputed the disability status, arguing that the conditions did not have a substantial adverse effect or were not long-term. However, the tribunal found the teaching assistant to be a credible witness and accepted her evidence about the impact of her conditions. The employer could have avoided this preliminary battle by properly considering the medical evidence and the claimant's own account of her symptoms.
Why this matters
This decision allows the teaching assistant to proceed with her disability discrimination claim. It also serves as a useful illustration for other employees with similar conditions: a diagnosis alone is not enough, but a combination of medical evidence and a credible personal account can establish disability status. Employers should take care not to dismiss such claims without a thorough assessment.
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