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.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a Process Technician from July 2006 until his resignation on 20 August 2021.
- He experienced symptoms of stress, anxiety, and depression in 2013, 2017, and multiple periods between 2020 and 2021.
- The claimant's symptoms included poor sleep, loss of appetite, difficulty concentrating, and panic attacks.
- He was not prescribed anti-depressant medication and did not consistently use the Employee Assistance Programme.
- The tribunal found that no period of substantial adverse effect lasted or was likely to last 12 months.
- The claimant failed to prove he was a disabled person under the Equality Act 2010 at any material time.
Timeline
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First stress-related absence
The claimant was absent for about 2 weeks due to stress after a relationship breakup. He experienced poor sleep and difficulty concentrating but did not seek medical treatment.
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Two-day absence for stress
The claimant self-certified absence for stress due to family problems. He later received NHS counselling and had symptoms including low mood, loss of appetite, poor sleep, panic attacks, and difficulty concentrating.
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Occupational health consultation
The claimant saw OH adviser Tracey Gonya, who noted his symptoms and encouraged him to see his GP. She opined he was unlikely to be covered by the Equality Act due to duration.
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Alleged discriminatory email
The claimant complains that his manager Diana Godwin sent an email singling him out, marking the start of alleged discriminatory conduct.
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OH consultation – increased anxiety
The claimant reported feeling targeted, poor sleep, and increased anxiety. He was not on medication.
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Sick leave due to stress
The claimant went off sick until 6 August 2020, certified by his GP for 'stress at work'.
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Return to work on reduced hours
The claimant returned to work on reduced hours, then took annual leave. Symptoms substantially alleviated by end of August.
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OH referral – flare-up of symptoms
The claimant reported feelings of stress, lack of sleep, and anxiety. He was recommended online CBT and taken off the call-out rota.
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OH consultation – struggling to cope
The claimant reported feeling overwhelmed by workplace events, including a final written warning for texting while driving.
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Sick leave and resignation
The claimant self-certified absence due to stress after a disciplinary issue and his partner's miscarriage. He resigned on 22 July 2021.
The legal issue
The tribunal had to decide whether the claimant's mental impairment (stress, anxiety, depression) had a 'substantial' and 'long-term' adverse effect on his ability to carry out normal day-to-day activities, as required to be a disabled person under the Equality Act 2010.
The outcome
The tribunal dismissed the claimant's complaints of direct disability discrimination and harassment related to disability, because he was not a disabled person within the meaning of the Equality Act 2010 at any material time.
Key reasons:
- The claimant experienced symptoms of stress, anxiety and depression in 2013, 2017, and multiple periods between 2020 and 2021, but no single period of substantial adverse effect lasted or was likely to last 12 months.
- The symptoms substantially alleviated between episodes, and the claimant did not consistently seek medical treatment or take medication.
- The occupational health adviser had previously opined that the claimant was unlikely to meet the disability definition due to the duration of effects.
No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- To claim disability discrimination, you must prove your impairment has a 'substantial' and 'long-term' adverse effect on normal day-to-day activities – typically lasting or likely to last 12 months.
- Recurrent episodes of stress or depression may not count as 'long-term' if they substantially resolve between episodes and do not have an underlying continuing condition.
- Seeking medical treatment, obtaining a formal diagnosis, and following prescribed medication can help demonstrate the seriousness and duration of your condition.
- Occupational health reports can be used by employers to challenge disability status – ensure your OH records accurately reflect the impact of your symptoms.
What this case shows in practice
This case highlights the difficulty that employees with recurrent stress or anxiety can face in establishing disability status. The claimant, a process technician with 15 years' service, experienced several episodes of stress, anxiety and depression over eight years, but the tribunal found that none of these episodes had a substantial adverse effect that lasted or was likely to last 12 months. Between episodes, his symptoms substantially alleviated, and he did not consistently use medication or the Employee Assistance Programme.
The tribunal noted that the claimant's symptoms included poor sleep, loss of appetite, difficulty concentrating and panic attacks, but these were not sufficiently continuous or severe to meet the legal threshold. The occupational health adviser had also previously indicated that the claimant was unlikely to be covered by the Equality Act due to the duration of effects.
What the respondent did well
Thames Water successfully argued that the claimant's condition was not 'long-term' under the Act. They relied on occupational health reports and the claimant's own evidence that his symptoms resolved between episodes. The tribunal accepted that the impairment did not have a continuing underlying condition that caused recurring effects – instead, each episode was triggered by specific stressors and resolved once the stressor was removed.
What the claimant could have done differently
The claimant might have strengthened his case by obtaining a formal diagnosis from his GP or a psychiatrist, consistently attending counselling or CBT, and documenting how his symptoms affected his daily life over a sustained period. Without medical evidence of a long-term condition, the tribunal was not persuaded that his impairment met the definition.
Why this matters for similar claims
This decision serves as a reminder that not every period of stress or anxiety will qualify as a disability. Employees seeking to bring disability discrimination claims must be prepared to provide robust medical evidence showing that their impairment has a substantial and long-term effect. Employers can legitimately challenge disability status where the evidence does not support a long-term condition, particularly when symptoms are episodic and resolve between flare-ups.
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