Employee with anxiety and depression found disabled despite lack of GP visits
A tribunal ruled that a team leader with anxiety and depression was disabled under the Equality Act, even though she managed her condition through self-help and avoided regular doctor visits.
1 min read · Last updated 18 May 2026
Case details
- #mental-impairment
- #anxiety-depression
- #coping-strategies
- #self-isolation
- #lack-of-medical-evidence
Key facts
- The claimant was employed by the respondent from 4 April 2016 to 12 December 2021.
- She was diagnosed with reactive depression in 2003 and mixed anxiety and depressive disorder in 2014.
- The claimant managed her condition through self-help measures and medication for sleep, avoiding regular GP visits.
- From 2020, workplace stressors caused her to isolate from family and friends and rely on her daughter for household chores.
- The tribunal found that her impairment had a substantial adverse effect on day-to-day activities during the relevant period.
Timeline
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Diagnosed with reactive depression
First diagnosis of reactive depression.
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Diagnosed with mixed anxiety and depressive disorder
Diagnosis of mixed anxiety and depressive disorder.
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Employment started
Claimant began employment with CPSL MIND.
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Brother's death
Claimant's brother died on Boxing Day, leading to bereavement and absence from work until February 2020.
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Team merger
Claimant's team in Peterborough was required to work with another team in Cambridge, causing workplace stress.
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Email to manager about sick leave
Claimant wrote to her manager stating she would need sick leave and asked for help before she would 'lose my mind'.
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GP visit for work-related stress
Claimant told GP she was suffering from stress due to work; GP issued a fit note for two weeks.
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Employment ended
Claimant resigned on notice, ending employment with CPSL MIND.
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Preliminary hearing
Tribunal heard evidence on the preliminary issue of disability status.
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Judgment issued
Employment Judge M Ord found that the claimant was disabled from November 2019 to December 2021.
The legal issue
The tribunal had to decide whether the employee's anxiety and depression amounted to a disability under the Equality Act 2010, focusing on 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 ruled that the employee was disabled from November 2019 to December 2021.
The key reasons were:
- She had a long-term mental impairment (reactive depression and mixed anxiety and depressive disorder).
- Her condition substantially affected day-to-day activities such as memory, concentration, and social interaction.
- The lack of frequent GP visits was explained by her reliance on self-help measures and medication for sleep, which did not negate the impairment's impact.
No compensation was awarded as this was a preliminary issue on disability status.
Lessons & takeaways
- You can be considered disabled even if you manage your condition without frequent medical appointments, as long as the impairment has a substantial adverse effect.
- Coping strategies, such as self-help or avoiding triggers, do not automatically mean the impairment is not disabling.
- Keep a diary of how your condition affects daily activities, as this can be crucial evidence if medical records are sparse.
- A diagnosis of a mental health condition, even years earlier, can help establish that the impairment is long-term.
This case shows that employees with mental health conditions can be protected under disability discrimination law even if they do not regularly visit their GP. The tribunal accepted that the team leader's anxiety and depression had a substantial impact on her daily life, including memory, concentration, and social isolation, despite her use of self-help strategies and medication for sleep.
What the employer could have done differently
CPSL MIND argued that the lack of medical evidence and the employee's ability to start a new job immediately meant she was not disabled. However, the tribunal emphasised that the employee's coping mechanisms did not eliminate the impairment's effects. Employers should not rely solely on the frequency of GP visits or the absence of formal treatment; they should consider the employee's own account of how their condition affects them.
Why this matters
This decision clarifies that the definition of disability under the Equality Act focuses on the impairment's actual effect, not on how the person manages it. For employees with mental health conditions who avoid medical help, it is still possible to prove disability by providing detailed evidence of the impact on daily activities. The ruling also highlights that a condition can be 'long-term' even if it fluctuates, as long as it is likely to recur.
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