When does anxiety and depression become a disability? Tribunal sets earlier start date
A tribunal found that a medical centre employee was disabled from December 2019 due to anxiety and depression, earlier than the employer conceded. The ruling confirms that mental impairments can be 'long-term' even before 12 months have passed.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed by the respondent as a medical centre employee.
- The claimant had a period of sickness absence from July to September 2019 and from late October 2019 onwards.
- The respondent conceded that the claimant was disabled from 31 August 2021 but not earlier.
- The tribunal found that the claimant had a mental impairment (anxiety/depression) from no later than 9 December 2019.
- The tribunal determined that the claimant's impairment had a substantial adverse effect on day-to-day activities and was long-term.
Timeline
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Work issues begin
The claimant began experiencing issues at work with Dr Zaidi at Roxbourne Medical Centre.
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Disciplinary hearing
A disciplinary hearing took place, after which the claimant went on sick leave.
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Fit note for stress and depression
The claimant received a fit note citing stress and depression.
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Return to work
The claimant returned to work after sick leave.
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Second sickness absence begins
The claimant stopped working again due to work-related stress and anxiety.
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First occupational health report
Dr Julia Rees reported that the claimant was unfit for work due to anxiety and depression, but expected recovery.
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Disability start date found
The tribunal found that from this date, the claimant's impairment was likely to be long-term.
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Second occupational health report
Dr Rees noted the claimant's anxiety and recommended mediation.
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Third occupational health report
Dr Assoufi reported the claimant had been off sick for over a year with anxiety and depression.
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Respondent concedes disability
The respondent conceded the claimant was disabled from this date.
The legal issue
The tribunal had to decide whether the employee was disabled within the meaning of section 6 of the Equality Act 2010 from a date earlier than 31 August 2021, specifically whether she had a mental impairment with substantial and long-term adverse effects on day-to-day activities.
The outcome
The tribunal ruled that the employee was disabled from 9 December 2019, not just from 31 August 2021 as the employer had conceded.
Key reasons:
- The employee had a mental impairment (anxiety/depression) from at least 9 December 2019.
- The impairment had a substantial adverse effect on her ability to carry out normal day-to-day activities (e.g., sleep, concentration, social interaction).
- The effect was 'long-term' because it was likely to last at least 12 months from that date, even though it had not yet lasted 12 months.
- Medical evidence showed that the condition was likely to recur if she returned to work.
No compensation was awarded at this stage as the hearing was solely on the preliminary issue of disability status.
Lessons & takeaways
- An employee can be considered disabled from the date their impairment is likely to last 12 months, even if it hasn't yet lasted that long.
- Employers should not wait for a formal concession or diagnosis before considering whether an employee's condition meets the disability definition.
- Medical evidence of a condition's likely duration is key—occupational health reports that note 'expected recovery' may not prevent a finding of long-term effect if recurrence is likely.
- Mental impairments like anxiety and depression can qualify as disabilities if they have substantial adverse effects on day-to-day activities, even with treatment.
What this case shows
This case illustrates how employment tribunals approach the question of when a mental health condition becomes a 'disability' under the Equality Act 2010. The employee, who worked at a medical centre, had been off sick with anxiety and depression since October 2019. Her employer conceded she was disabled from August 2021, but she argued the disability started earlier.
The tribunal agreed with the employee, finding that from 9 December 2019 her condition was 'likely to last for at least 12 months'—the legal test for long-term effect. This was based on occupational health reports and the fact that her symptoms had already persisted for several months and were likely to recur if she returned to work.
What the employer could have done differently
The employer relied on a narrow interpretation of the medical evidence, focusing on early reports that suggested recovery was expected. However, the tribunal emphasised that the likelihood of recurrence is relevant—even if symptoms improve, if they are likely to return, the condition can still be long-term. Employers should consider the whole picture, including the possibility of relapse, rather than focusing on a single optimistic prognosis.
Why this matters
This decision is a reminder that the disability definition is not rigid. Employees with fluctuating mental health conditions may be protected from an early stage if their impairment is likely to be long-term. For employers, it underscores the importance of taking mental health seriously and not delaying reasonable adjustments or other support. For employees, it shows that early medical evidence can be crucial in establishing disability status, even before 12 months have passed.
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