Care coordinator with anxiety and depression found disabled by tribunal
An employment tribunal ruled that a care coordinator with 12 years' service was disabled by anxiety and depression from August 2021, paving the way for her discrimination claims against Rotherham, Doncaster and South Humber NHS Foundation Trust.
1 min read · Last updated 18 May 2026
Case details
- #anxiety-depression
- #long-term-effect
- #occupational-health
- #counselling
- #fluctuating-symptoms
- #recurrence
Key facts
- The claimant worked as a care coordinator for the respondent from early 2010 until dismissal on 22 March 2022.
- The claimant had a mental impairment of anxiety and depression from May 2020 onwards.
- The impairment had substantial adverse effects on day-to-day activities from May 2020 to March 2021 and recurred from August 2021.
- The claimant was found to be a disabled person from 27 August 2021 onwards.
- The respondent disputed the claimant's disability status.
Timeline
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Employment started
Claimant began working for the respondent as a care coordinator.
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Symptoms began
Claimant first noticed symptoms of anxiety and depression due to shielding during the pandemic.
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Occupational health appointment
Claimant attended OH but did not report mental health concerns as it was focused on physical health.
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OH assessment
OH nurse reported mild anxiety and depression; claimant reported difficulty with emails, fatigue, sleep changes, and routine difficulties.
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Sickness absence started
Claimant commenced sickness absence recorded for anxiety, stress, and depression.
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Return to work
Claimant returned to work after sickness absence.
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OH assessment
OH reported no symptoms of clinical concern; sleep and concentration issues attributed to medication change.
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OH assessment
OH reported no mental health symptoms of clinical concern.
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Sickness absence started
Claimant commenced sickness absence recorded for work-related stress.
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Counselling started
Claimant attended first counselling session; initial assessment showed mild anxiety and depression.
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Final counselling session
Final assessment showed mild anxiety and depression; vulnerability to ongoing symptoms noted.
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Dismissal
Claimant was dismissed with payment in lieu of notice.
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Preliminary hearing
Hearing to determine disability status.
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Judgment
Employment Judge found claimant disabled from 27 August 2021.
The legal issue
The tribunal had to decide whether the claimant's mental impairment (anxiety and depression) amounted to a disability under section 6 of the Equality Act 2010, focusing on whether the condition had a substantial and long-term adverse effect on her normal day-to-day activities.
The outcome
The tribunal decided that the claimant was a disabled person from 27 August 2021 onwards. The key reason was that her anxiety and depression, which recurred after a period of remission, had substantial effects on activities like sleep, concentration, and social interaction, and these effects were likely to last more than 12 months. No compensation was awarded at this preliminary stage as the hearing only determined disability status.
Lessons & takeaways
- A mental health condition that recurs after a period of remission can still count as a disability if the underlying impairment is likely to recur.
- Employers should not dispute disability status lightly — tribunals will look at the overall impact on day-to-day activities, not just medical labels.
- Occupational health reports that show 'no symptoms of clinical concern' do not automatically disprove disability, especially if the condition fluctuates.
- Claimants should gather evidence of the condition's effects on daily life, such as sleep, concentration, and social interactions, to support their case.
What this case shows
This case highlights how tribunals assess disability for mental health conditions that fluctuate over time. The care coordinator had a strong work history with robust mental health until the pandemic triggered anxiety and depression. Her symptoms included difficulty sleeping, poor concentration, and social withdrawal — effects that the tribunal accepted as substantial. Even though occupational health reports at times noted 'no symptoms of clinical concern', the tribunal focused on the overall pattern of recurrence and the practical impact on her daily life.
What the trust could have done differently
The NHS trust disputed the claimant's disability status, arguing that her condition was not long-term or substantial. However, the tribunal found that the condition had recurred after a period of remission, which under the Equality Act can still count as long-term if recurrence is likely. The trust might have avoided a costly preliminary hearing by accepting the medical evidence from the claimant's GP and counselling records, which showed persistent symptoms and vulnerability to relapse.
Why this matters
This decision is a reminder that disability discrimination claims can succeed even when the employee has periods of good health. For employees with anxiety or depression, the key is to show that the condition has a substantial adverse effect on normal activities and is likely to last (or recur) for 12 months or more. Employers should take a holistic view of the employee's functioning rather than relying on snapshot assessments.
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