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.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant worked for the respondent from 2011 until dismissal on 25 April 2019.
- She was diagnosed with depression and anxiety in January 2018 and prescribed Sertraline.
- She returned to work on a phased return from February to August 2018.
- She had a gap in medication from July to November 2018 but continued to experience symptoms.
- The respondent accepted she had substantial adverse effects by March 2019 but disputed they were long-term.
- The tribunal found she had a mental impairment from early 2017 with substantial adverse effects throughout.
Timeline
-
Alleged harassment begins
Claimant alleges sex discrimination and harassment by manager Mr David Edwards from May 2017.
-
Manager leaves
Mr Edwards left the respondent around November 2017.
-
GP visit for depression
Claimant visited GP, diagnosed with depression and anxiety, prescribed Sertraline 50mg, signed off work.
-
Phased return to work
Claimant started phased return at 4 hours/day, gradually increasing to full time by August 2018.
-
Returned to full-time hours
Claimant returned to full-time work; stopped taking medication around this time.
-
Relapse and GP visit
Claimant visited GP, prescribed Sertraline 50mg, signed off work for 2 weeks.
-
Occupational Health referral
OHS report noted claimant's symptoms and considered her likely disabled under EQA.
-
Dismissal meeting
Claimant dismissed at a meeting she did not attend; informed by letter on 25 April 2019.
-
Claim presented
Claimant presented her claim to the tribunal.
-
Preliminary hearing (disability and time limit)
Employment Judge Postle found claimant not disabled and sex discrimination claim out of time.
-
Remitted preliminary hearing (disability)
Employment Judge Manley found claimant disabled at material time after appeal.
The legal issue
The tribunal had to decide whether the claimant's depression and anxiety amounted to a disability under section 6 of the Equality Act 2010, specifically whether the 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 disabled at the material time (February 2018 to April 2019).
Key reasons:
- The claimant had a mental impairment (depression and anxiety) from early 2017.
- The impairment had substantial adverse effects, including disturbed sleep, low mood, and difficulty concentrating.
- These effects were long-term, as they lasted from January 2018 through to dismissal in April 2019, a period exceeding 12 months.
- The earlier tribunal had erred by focusing on the claimant's ability to work rather than her ability to carry out normal day-to-day activities.
No compensation was awarded at this preliminary stage.
Lessons & takeaways
- Keep a diary of how your condition affects daily activities like sleep, concentration, and socialising – this evidence is crucial for proving disability.
- A gap in medication or a period of improvement does not necessarily break the 'long-term' requirement if the underlying condition persists.
- Tribunals must consider the cumulative effect of symptoms over time, not just isolated episodes.
- If you have a mental health condition, seek medical records that document its impact on your daily life, not just your ability to work.
This case shows how tribunals assess whether a mental health condition like depression and anxiety qualifies as a disability under the Equality Act 2010. The claimant, a customer care specialist with eight years' service, experienced depression and anxiety from early 2017, with a formal diagnosis in January 2018. She returned to work on a phased basis but continued to struggle with symptoms such as disturbed sleep, low mood, and difficulty switching off. The respondent accepted she had substantial adverse effects by March 2019 but argued they were not long-term.
What the tribunal looked at
The key question was whether the impairment had a 'substantial' and 'long-term' adverse effect on normal day-to-day activities. The tribunal found that the claimant's symptoms – including sleep disturbance, low mood, and difficulty concentrating – were more than minor or trivial. Importantly, the tribunal noted that the effect was long-term because the condition lasted from January 2018 until her dismissal in April 2019, a period of over 12 months. A gap in medication from July to November 2018 did not break the continuity, as the underlying impairment persisted.
What the respondent could have done differently
The respondent could have avoided this dispute by properly evaluating the medical evidence, including the occupational health report that suggested the claimant was likely disabled. Instead, they focused on her ability to work and argued the effects were not long-term. The earlier tribunal had made the same mistake, but on appeal, the correct approach was applied: the focus must be on the impact on day-to-day activities, not just work performance.
Why this matters
This decision clarifies that mental health conditions with fluctuating symptoms can still meet the disability definition if the overall effect is substantial and likely to last 12 months or more. For employees with depression or anxiety, it reinforces the importance of documenting how the condition affects everyday life, not just work. Employers should take occupational health advice seriously and avoid relying on narrow interpretations of 'long-term' that ignore the reality of recurring or persistent mental health conditions.
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.
Process technician with recurrent stress fails to prove disability status
A tribunal has ruled that a Thames Water process technician with 15 years' service was not disabled under the Equality Act, dismissing his disability discrimination claims. The decision turned on whether his stress, anxiety and depression had a long-term substantial effect.
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.
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.