Physiotherapist dismissed over COVID vaccine refusal: anxiety not a disability, tribunal rules
A physiotherapist with 12 years' service who was dismissed for refusing the COVID-19 vaccine without a medical exemption has failed to prove his anxiety amounted to a disability under equality law.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a physiotherapist from 27 April 2009 until 21 December 2021.
- The claimant refused to be vaccinated against COVID-19 and did not obtain a medical exemption.
- The claimant had periods of stress and anxiety in 2014, 2016, and from September 2021.
- The claimant was signed off work from 15 October 2021 until dismissal on 21 December 2021.
- The tribunal found the claimant's anxiety did not have a long-term substantial adverse effect on day-to-day activities.
Timeline
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Employment started
Claimant began employment as a physiotherapist at Newlands House Care Home.
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First GP attendance for stress
Claimant attended GP due to stress from a difficult patient, resulting in a sick note.
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Returned to work
Claimant returned to work after three months of sickness absence for stress and anxiety.
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Second GP attendance for stress
Claimant attended GP due to return of problems with the same patient; prescribed medication.
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Employer advised of vaccination regulations
Second respondent wrote to employees about mandatory COVID-19 vaccination for care home staff.
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Claimant requested medical exemption
Claimant attended GP requesting medical exemption from vaccination; GP did not issue one.
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Claimant went on sick leave
Claimant started sickness absence due to work-related stress about vaccination.
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Occupational health assessment
OH report noted significant stress with components of anxiety and mild depression.
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Dismissal
Claimant was dismissed with notice pay in lieu for refusing vaccination without medical exemption.
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Preliminary hearing
Tribunal heard evidence on the issue of disability as a preliminary issue.
The legal issue
The tribunal had to decide whether the claimant's anxiety was a 'disability' under section 6 of the Equality Act 2010 – meaning it had to be a long-term condition that had a substantial adverse effect on his ability to carry out normal day-to-day activities.
The outcome
The tribunal found that the claimant was not disabled within the meaning of the Equality Act 2010. His anxiety was triggered by specific work-related stressors and did not meet the legal threshold of a 'long-term substantial adverse effect' on day-to-day activities.
Key points:
- The claimant had three episodes of stress/anxiety over seven years (2014, 2016, 2021), but each resolved within months.
- The occupational health report noted 'significant stress with components of anxiety and mild depression' but did not indicate a long-term condition.
- The tribunal concluded the effects were not 'long-term' as defined by law (lasting or likely to last 12 months or more).
- As a result, the disability discrimination claim was dismissed at the preliminary stage.
Lessons & takeaways
- To claim disability discrimination, you must prove your condition has a 'substantial and long-term adverse effect' on normal day-to-day activities – episodic conditions may not qualify.
- Medical evidence is crucial: a GP note or occupational health report that does not explicitly state a long-term effect may weaken your case.
- If you have multiple short episodes of illness over years, the tribunal will look at whether the overall pattern shows a long-term condition, not just the frequency of episodes.
- Employers should ensure they follow a fair process when dismissing for refusal to comply with a lawful requirement (like vaccination), even if the employee's condition is not a disability.
What this case shows
This case illustrates the high bar for establishing disability status under the Equality Act 2010, particularly where the condition is anxiety or stress that comes and goes. The physiotherapist had three separate periods of work-related stress over seven years, but each episode resolved within a few months. The tribunal found that the effects were not 'long-term' – a key requirement for disability – because they did not last or were not likely to last for 12 months or more.
The claimant's dismissal stemmed from his refusal to be vaccinated against COVID-19, which became mandatory for care home staff in England from November 2021. He did not obtain a medical exemption certificate, and his employer dismissed him after a process that included an occupational health assessment and a meeting. The tribunal did not need to decide whether the dismissal itself was fair or discriminatory because the preliminary issue of disability was decided against the claimant.
What could have been done differently
For the claimant, stronger medical evidence linking his anxiety to a long-term condition might have made a difference. The occupational health report described 'significant stress with components of anxiety and mild depression' but did not state that the effects were likely to persist. A GP or psychiatrist's report explicitly addressing the 'long-term' criterion could have strengthened the disability argument.
For the employer, Leonard Cheshire Disability, the case shows the importance of following a proper process when dismissing for non-compliance with a legal requirement. The tribunal did not criticise the employer's approach, but the outcome might have been different if the claimant had succeeded in proving disability.
Why this matters
This decision is a reminder that not every mental health condition will qualify as a disability in employment law. Employees who experience intermittent anxiety or stress need to gather medical evidence that shows a long-term, substantial impact on day-to-day activities. Employers, meanwhile, should not assume that a condition labelled 'anxiety' automatically amounts to a disability – but they should still handle dismissals carefully, especially where the employee has long service.
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