Migraine and exhaustion from overwork not a disability: tribunal rejects radiologist's claim
A consultant radiologist who suffered migraines and exhaustion due to overwork and caring responsibilities was found not to be disabled under the Equality Act 2010. The tribunal ruled that his conditions were a normal reaction to his lifestyle, not an impairment with substantial adverse effects.
1 min read · Last updated 18 May 2026
Case details
- #disability-discrimination
- #migraine
- #exhaustion-and-debility
- #preliminary-hearing
- #consultant-radiologist
- #long-commute
- #caring-responsibilities
Key facts
- The claimant was employed as a Consultant Radiologist from 1 October 2019 to 6 July 2022.
- He suffered from migraines and exhaustion/debility, which he claimed amounted to a disability.
- The claimant had a long commute (2.5-3 hours each way) and extensive caring responsibilities for his wife and triplets.
- He was signed off sick from 7 December 2021 due to migraines and debility.
- The tribunal found that the exhaustion/debility was a normal reaction to overwork, not an impairment.
- The tribunal found that the migraines did not have a substantial and long-term adverse effect on day-to-day activities.
Timeline
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Employment started
Claimant began working as a Consultant Radiologist three days a week.
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First GP consultation for headaches
Claimant reported constant headaches, exhaustion, and dizziness; referred to neurologist.
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Neurologist consultation
Neurologist noted symptoms possibly due to exhaustion from overwork and caring responsibilities.
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Neurologist follow-up
MRI normal; claimant prescribed Amitriptyline; advised lifestyle adjustments.
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Neurologist review
Headaches continued; medication changed to Topiramate; neurologist noted lack of sleep due to caring duties.
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Relocation to Surrey
Claimant moved, increasing commute to 2.5-3 hours each way.
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Took on appraiser role
Claimant accepted additional paid role as an appraiser.
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Started sick leave
Claimant commenced sick leave due to migraines and debility, never returned to radiologist duties.
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Conducted colleague appraisal while off sick
Claimant completed a colleague's appraisal as part of his appraiser duties.
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Attended meeting at hospital while off sick
Claimant attended a meeting in his capacity as Deputy Foundation Training Programme Director without informing his manager.
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Resignation
Claimant resigned from his employment.
The legal issue
The tribunal had to decide whether the claimant's migraines and exhaustion/debility amounted to a disability under section 6 of the Equality Act 2010. This required showing that the conditions were impairments with a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.
The outcome
The tribunal decided that the claimant did not have a disability at the relevant time.
The key reasons were:
- The exhaustion/debility was a normal reaction to overwork, not an impairment.
- The migraines did not have a substantial and long-term adverse effect on day-to-day activities.
- The claimant's symptoms were largely caused by his long commute, long hours, and caring responsibilities, which were not inherent to a medical condition.
No compensation was awarded as the claim on disability discrimination failed at the preliminary stage.
Lessons & takeaways
- A condition caused by overwork and lifestyle factors, rather than an underlying impairment, is unlikely to be considered a disability.
- To establish disability, you must show that the condition has a substantial and long-term adverse effect on normal day-to-day activities, not just on work performance.
- Tribunals will look at the underlying cause of symptoms – if they are a normal reaction to stress or overwork, they may not qualify as a disability.
- Medical evidence is crucial: a diagnosis alone is not enough; you need evidence of the impact on daily life.
This case highlights the importance of distinguishing between a medical condition and a reaction to overwork when claiming disability discrimination. The claimant, a consultant radiologist with 2 years 9 months' service, suffered from migraines and exhaustion that he attributed to his demanding job and caring responsibilities. However, the tribunal found that his symptoms were a normal consequence of his lifestyle, not an impairment with a substantial adverse effect.
What the tribunal considered
The tribunal examined medical records and the claimant's evidence. It noted that the claimant worked long hours, had a 2.5-3 hour commute each way, and was the primary carer for his wife and triplets. The neurologist had suggested lifestyle adjustments, and the tribunal concluded that the exhaustion was due to overwork, not a disability. The migraines, while real, did not have a substantial effect on day-to-day activities outside work.
Why the result matters
This decision shows that not every health issue qualifies as a disability under the Equality Act. Employees who are struggling due to workload or personal circumstances may not be protected if their condition is a normal reaction to those factors. Employers should still consider reasonable adjustments, but employees need to demonstrate that their condition meets the legal threshold. For those considering a claim, it is essential to gather medical evidence that shows a substantial and long-term impact on daily life, not just work-related symptoms.
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