Anxiety held to be a disability: tribunal rejects strike-out bid
A tribunal has ruled that an accounts and sales manager's anxiety was a disability under the Equality Act, and refused the employer's attempt to strike out the claim.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as an Accounts and Sales Manager from April 2017 to February 2022.
- He first sought medical help for anxiety on 23 September 2021.
- The claimant's anxiety had a substantial adverse effect on his day-to-day activities, requiring help from his partner to present himself at work.
- The effects of the anxiety were likely to last at least 12 months from September 2021.
- The respondent's strike-out application was refused because the delay was due to the liquidation of their solicitors.
Timeline
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Employment started
Claimant began working for Eden Horticulture Ltd as an Accounts and Sales Manager.
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Meeting about risk
Claimant became worried after a meeting about risk, despite having an impeccable work record.
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First GP visit for anxiety
Claimant first sought medical help for anxiety; GP notes recorded difficulties at work including colleagues stopping contact.
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Sick note issued
Claimant received a sick note from his GP, which he did not request, and went on sick leave.
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Return to work
Claimant returned to work after sick note expired, but continued to struggle mentally and required support from his partner.
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Employment ended
Claimant's employment with Eden Horticulture Ltd ended.
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Early conciliation started
Early conciliation with ACAS began.
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Early conciliation ended
Early conciliation ended.
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Claim presented
Claim form presented to the Employment Tribunal.
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Preliminary hearing before EJ Beck
Case management hearing; claimant raised strike-out application due to respondent's late filing.
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Preliminary hearing before EJ Hena
Tribunal determined claimant had a disability (anxiety) under s.6 Equality Act 2010 and refused strike-out application.
The legal issue
The tribunal had to decide whether the claimant's anxiety amounted to a disability under section 6 of the Equality Act 2010, and whether the respondent's response should be struck out for late filing due to their solicitors' liquidation.
The outcome
The tribunal ruled that the claimant was disabled at the relevant time. The anxiety had a substantial adverse effect on his ability to carry out day-to-day activities, requiring help from his partner to present himself at work, and the effects were likely to last at least 12 months from September 2021.
The employer's strike-out application was refused. The delay in filing was due to the liquidation of their solicitors, which was a good reason and did not meet the high threshold for strike out.
No compensation was awarded at this stage as the hearing dealt only with preliminary issues.
Lessons & takeaways
- Mental health conditions like anxiety can qualify as disabilities if they have a substantial and long-term adverse effect on daily activities.
- Employers should take medical evidence seriously and not assume that a condition is temporary or minor.
- A strike-out application is unlikely to succeed if the other side had a genuine reason for delay, such as a solicitor's liquidation.
- Claimants representing themselves can still succeed in establishing disability if they provide clear evidence of the impact on their life.
What this case shows in practice
This case illustrates how tribunals approach the definition of disability in mental health cases. The claimant, an accounts and sales manager with five years' service, developed anxiety after a meeting about risk at work. He first sought medical help in September 2021, and by November he was signed off sick. When he returned, he needed significant help from his partner to get through the working day.
The tribunal accepted that his anxiety had a substantial adverse effect on day-to-day activities, even though he was able to work with support. The key was that the effect was more than minor or trivial, and it was likely to last at least 12 months from when it started.
What the employer could have done differently
The employer argued that the claimant's condition was not a disability, but the tribunal disagreed. The employer might have avoided this preliminary issue by engaging with the claimant's medical evidence earlier and considering whether adjustments were needed. Instead, they spent time and resources on a strike-out application that was refused because the delay was due to their solicitors going into liquidation.
Why this matters for similar claims
This decision confirms that anxiety and depression can be disabilities, even if the person is able to work with support. For employees, it shows the importance of gathering medical evidence that explains the impact on daily life. For employers, it is a reminder that dismissing a mental health condition as not serious enough can backfire at tribunal.
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