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.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as finance director and co-owner of the first respondent.
- The claimant was diagnosed with complex PTSD by Dr Grewal on 1 June 2021.
- The claimant's PTSD caused substantial adverse effects on day-to-day activities including difficulty sleeping, getting out of bed, socialising, concentrating, and performing her full job role.
- The claimant's GP provided evidence that symptoms of complex PTSD could recur even after remission.
- The tribunal found the claimant to be a credible witness and accepted her evidence of adverse effects.
Timeline
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GP record of nightmares and flashbacks
Claimant's medical records note struggling with nightmares, waking up with doom, and flashbacks.
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Diagnosis of complex PTSD
Dr Grewal diagnosed the claimant with complex PTSD and prescribed medication.
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Hearing date
The preliminary hearing to determine disability status was held via CVP.
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Menopause clinic report
Report noted hot flushes disturbing sleep, but tribunal found this not mutually exclusive with PTSD-related insomnia.
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Claimant's letter regarding reasonable adjustments
Claimant wrote a letter setting out factors for when she returns to work, stating absence was due to PTSD not ability to do job.
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End of relevant period for second respondent
The period during which the second respondent was alleged to have acted as agent ended.
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Claimant started antidepressants
Claimant began taking antidepressants, after the relevant period for the second respondent.
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Claimant's impact statement
Claimant provided an impact statement describing adverse effects from June 2021 to February 2022.
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Preliminary hearing
Tribunal heard evidence and submissions on disability and agency issues.
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Judgment issued
Tribunal found claimant was disabled within the meaning of the Equality Act 2010.
The legal issue
The tribunal had to decide whether the claimant's complex PTSD amounted to a disability under the Equality Act 2010 – specifically, whether it had a substantial and long-term adverse effect on her ability to carry out normal day-to-day activities during the period June to December 2021.
The outcome
The tribunal ruled that the claimant was disabled within the meaning of the Equality Act 2010 during the relevant period.
The key reasons were:
- The claimant had a diagnosed mental impairment (complex PTSD).
- The impairment caused substantial adverse effects on day-to-day activities including difficulty sleeping, getting out of bed, socialising, concentrating, and performing her full job role.
- The effects were long-term because they had lasted over 12 months and were likely to recur, as supported by GP evidence that complex PTSD symptoms can recur even after remission.
- The tribunal found the claimant a credible witness and accepted her evidence over the respondents' challenges.
No compensation was awarded at this stage as the hearing was a preliminary issue on disability status only.
Lessons & takeaways
- A mental health condition like PTSD can qualify as a disability if it has a substantial and long-term adverse effect on daily activities – keep a diary of symptoms and seek medical evidence.
- Tribunals will consider whether effects are likely to recur, so even if symptoms fluctuate, you may still be protected if recurrence is probable.
- Contemporaneous GP records and specialist reports are crucial – the tribunal relied on the diagnosis and medical notes showing nightmares, flashbacks and insomnia.
- If you are also going through menopause, ensure medical evidence separates menopause symptoms from mental health symptoms to avoid the respondent arguing the effects are not due to the impairment.
- Being a co-owner or director does not prevent you from being disabled – the Equality Act protects employees regardless of their role in the business.
This case illustrates how employment tribunals approach the question of disability when the impairment is a fluctuating mental health condition such as complex PTSD. The claimant, a finance director and co-owner of Franklin Funeral Directors, was diagnosed with complex PTSD in June 2021 after experiencing nightmares, flashbacks and difficulty sleeping. She took sick leave and later brought claims of disability discrimination, which required her first to establish that she was disabled under the Equality Act 2010.
The respondents argued that the claimant's symptoms were not substantial or long-term, pointing to her ability to continue some work tasks (such as payroll) and suggesting that her absence was due to a toxic work environment rather than PTSD. They also highlighted that some symptoms – like concentration problems – could be attributed to the menopause rather than her mental health.
Why the tribunal found in her favour
Employment Judge Taylor accepted the claimant's evidence as credible and gave weight to the GP records showing nightmares and flashbacks from April 2021, the specialist diagnosis of complex PTSD, and the impact statement describing difficulties with sleep, getting out of bed, socialising and concentrating. Crucially, the GP had noted that complex PTSD symptoms can recur even after a period of remission, satisfying the 'long-term' requirement. The tribunal rejected the suggestion that menopause was the sole cause of the insomnia and concentration issues, finding the two conditions were not mutually exclusive.
What this means for similar claims
For anyone with a mental health condition that fluctuates, this case confirms that tribunals will look at the overall picture – including the likelihood of recurrence – rather than requiring constant symptoms. It also shows that being able to perform some work tasks does not automatically negate a finding of disability, especially if those tasks are limited or adapted. The decision is a reminder that employers should not dismiss medical evidence simply because an employee continues to function in some areas. The next stage of this claim will determine whether the respondents discriminated against the claimant because of her disability.
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