Anxiety as a disability: tribunal finds mixed anxiety-depressive disorder is a long-term impairment
A former employee has been found to be disabled under the Equality Act 2010 due to anxiety, after the tribunal accepted that her condition had a substantial and long-term adverse effect on daily activities.
1 min read · Last updated 18 May 2026
Case details
- #anxiety
- #mixed-anxiety-depressive-disorder
- #substantial-adverse-effect
- #long-term-effect
- #medical-evidence
- #preliminary-hearing
Key facts
- The claimant suffered from anxiety attacks from 2015/2016, with a period of recovery.
- From October 2020, she experienced severe symptoms including panic attacks, chest pain, dizziness, and multiple hospital visits.
- On 25 November 2020, she was diagnosed with mixed anxiety and depressive disorder in Lithuania.
- The respondent's expert could not confirm or refute the likely duration of her condition.
- The tribunal found that the claimant's impairment had a substantial and long-term adverse effect on her ability to carry out normal day-to-day activities.
Timeline
-
First anxiety episode
Claimant suffered a period of anxiety in 2015/2016 but recovered without substantial long-term effects.
-
GP visit for balance and dizziness
Claimant consulted GP about balance, dizziness, and panic attacks in public places; referred for MRI brain scan.
-
Emergency department visit
Claimant attended Good Hope Hospital with dizziness and palpitations; discharged with suspected hypertension.
-
GP appointment for anxiety
Claimant presented with anxiety, panic attacks, and globus sensation; GP discussed self-referral to Wellbeing.
-
Further GP appointment
GP noted symptoms likely due to anxiety; referred for chest x-ray.
-
Hospital attendance
Claimant attended Good Hope Hospital with head pain, chest pain, shortness of breath, dizziness; diagnosed with tension headache.
-
Ambulance call-out
Claimant taken to George Eliot Hospital with abdominal pain, vomiting, chest pain; discharged after tests.
-
Hospital attendance
Claimant attended University Hospital of Derby and Burton with severe headache, nausea, dizziness; given oxygen and referred to GP.
-
Admission to Good Hope Hospital
Claimant admitted as in-patient after ambulance call-out; extensive tests found nothing abnormal.
-
Diagnosis in Lithuania
Psychiatrist at Kardiolita Clinic diagnosed mixed anxiety disorder (F41.3) and prescribed Alprazolam.
-
Return to UK
Claimant returned from Lithuania.
-
GP review
Claimant saw GP; prescribed Escitalopram for three months and referred to Mental Health Services.
-
Ambulance call-out for panic attack
Claimant called ambulance for panic attack; not taken to hospital.
-
Further ambulance call-out
Claimant called ambulance; referred to Adult Mental Health Services.
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, specifically whether her mental impairment had a substantial and long-term adverse effect on her ability to carry out normal day-to-day activities.
The outcome
The tribunal decided that the claimant was a disabled person at all material times. The key reason was that the evidence showed her condition had lasted more than 12 months and had a substantial adverse effect on her daily life, including multiple hospital visits and panic attacks. No compensation was awarded at this preliminary stage.
Lessons & takeaways
- Medical evidence of a diagnosis is important, but the tribunal will also consider the actual impact of symptoms on daily life.
- A condition that fluctuates can still be 'long-term' if it has lasted or is likely to last 12 months or more.
- Even if a respondent's expert cannot confirm the duration, the tribunal may still find disability based on the claimant's evidence and medical records.
- Keep a diary of symptoms and their impact to support a disability claim.
What this case shows
This preliminary hearing demonstrates how employment tribunals assess whether a mental health condition qualifies as a disability. The claimant suffered from severe anxiety and panic attacks from 2015/2016, with a period of recovery, but from October 2020 her symptoms became debilitating. She attended hospital multiple times, called ambulances, and was diagnosed with mixed anxiety and depressive disorder in November 2020.
The respondent argued that the condition was not long-term, but the tribunal disagreed. The judge noted that the claimant's symptoms had a substantial adverse effect on her ability to carry out normal day-to-day activities, such as going to work, socialising, and even basic tasks like walking or breathing without panic.
What the respondent could have done differently
The respondent's expert could not confirm or refute the likely duration of the condition. In cases like this, it is risky to challenge disability status without strong medical evidence to the contrary. Employers should consider obtaining their own expert report early if they intend to dispute disability, and should not rely solely on the absence of a formal diagnosis or a gap in symptoms.
Why this matters
This case is a reminder that the definition of disability under the Equality Act 2010 is broad and focuses on the effect of the impairment, not the label. Employees with fluctuating mental health conditions may still be protected if the condition has lasted or is expected to last 12 months. For employers, it highlights the importance of taking mental health seriously and making reasonable adjustments from the outset.
Similar cases
Parking Services Manager loses disability discrimination claim after tribunal finds no long-term impairment
A Parking Services Manager with anxiety and depression was not disabled under the Equality Act 2010, the tribunal ruled, striking out his discrimination claims.
Complex PTSD recognised as disability: tribunal finds substantial adverse effect on daily life
A finance director with complex PTSD has been found disabled under the Equality Act after a tribunal accepted her evidence of substantial and long-term effects on day-to-day activities.
Long-Covid recognised as a disability, but IT worker's discrimination claims dismissed
An employment tribunal found that long-Covid can amount to a disability under the Equality Act, but dismissed all claims from an IT employee who argued he was unfairly dismissed and discriminated against by CGI IT UK Ltd.
Depression and anxiety: when a mental impairment counts as a disability
A customer care specialist with depression and anxiety was found to be disabled under the Equality Act, overturning an earlier tribunal decision that her condition was not long-term.