Self-diagnosed anxiety without medical evidence: tribunal rules no disability
A senior nurse with nearly 10 years' service claimed disability discrimination for generalised anxiety disorder, but the tribunal found he was not disabled under the Equality Act 2010 due to lack of medical diagnosis and limited impact on daily activities.
1 min read · Last updated 18 May 2026
Case details
- #generalised-anxiety-disorder
- #self-diagnosis
- #coping-strategies
- #occupational-health-reports
- #no-medical-diagnosis
- #preliminary-hearing
Key facts
- The claimant was employed as a Senior Nurse Practitioner for nearly 10 years and resigned in July 2022.
- The claimant claimed he had generalised anxiety disorder since 2010, but no medical diagnosis was provided.
- The claimant managed his symptoms through self-help, homeopathy, and talking therapy, with no regular medication.
- Occupational health reports from 2021 and 2022 did not support a finding of disability.
- The claimant had limited sickness absence: 19 days in 2022, 12 days in 2021, and none significant before 2020.
- The tribunal found insufficient evidence that the claimant had a mental impairment with substantial and long-term adverse effects.
Timeline
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Claimant reports onset of anxiety
The claimant states his generalised anxiety disorder began in 2010, linked to trauma growing up in West Africa.
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Claimant self-diagnoses
The claimant, a mental health practitioner, self-diagnosed his condition as generalised anxiety disorder.
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Relapse episode
The claimant experienced a 4-day period of confusion and distress, with a short-term GP prescription.
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Further relapse with panic attacks
The claimant had panic attacks at work, which became more frequent following the mask mandate dispute.
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First occupational health report
OH report noted an 'underlying health condition' but discounted disability under the Equality Act.
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Second occupational health report
OH report focused on mitigation measures for mask wearing and mentioned stress from high workload.
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GP visit for stress and anxiety
Claimant contacted GP about stress and anxiety at work; referred to Talking Therapies.
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Third occupational health report
OH report stated no underlying health condition and linked mask wearing to physical cough/shortness of breath.
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Claimant resigns
The claimant's employment ended by resignation, leading to a claim for constructive unfair dismissal.
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Preliminary hearing on disability
The tribunal heard evidence to determine whether the claimant was disabled at material times.
The legal issue
The tribunal had to decide whether the claimant was a disabled person under the Equality Act 2010 by reason of generalised anxiety disorder, specifically whether he had a mental impairment with substantial and long-term adverse effects on normal day-to-day activities.
The outcome
The tribunal decided that the claimant was not disabled at the material times.
Key reasons:
- No medical diagnosis: the claimant self-diagnosed and admitted he was not trained to diagnose mental health conditions.
- Limited impact: sickness absence was low (19 days in 2022, 12 in 2021), and he managed symptoms through self-help, homeopathy, and talking therapy without regular medication.
- Occupational health reports did not support disability, and supervision notes showed no mention of panic attacks at work until the mask dispute.
No compensation was awarded as the claim failed at the preliminary stage.
Lessons & takeaways
- To claim disability discrimination, you need medical evidence of a diagnosed condition with substantial and long-term effects on daily activities.
- Self-diagnosis, even by a mental health practitioner, is unlikely to satisfy the legal definition of disability without supporting medical records.
- Low sickness absence and effective self-management of symptoms can undermine a claim of substantial adverse effects.
- Occupational health reports that discount disability can be influential evidence for tribunals.
This case shows the importance of medical evidence when bringing a disability discrimination claim. The claimant, a senior nurse practitioner with nearly 10 years' service, argued that his generalised anxiety disorder made him disabled. However, he had no formal diagnosis from a doctor and relied on his own self-diagnosis as a mental health practitioner. The tribunal noted that he managed his symptoms through self-help, homeopathy, and talking therapy, without regular medication. His sickness absence was relatively low, and occupational health reports did not support a finding of disability.
What the employer did right
West London NHS Trust obtained occupational health reports that consistently discounted disability. They also kept detailed supervision notes that showed no mention of panic attacks at work until the mask dispute. This documentation helped demonstrate that any adverse effects were not substantial or long-term.
Why this matters
This case is a reminder that the legal test for disability under the Equality Act 2010 requires more than a self-reported condition. Tribunals will look for objective medical evidence, evidence of substantial impact on daily activities, and a long-term prognosis. Employees who manage their condition well with minimal time off may struggle to meet the threshold, even if they genuinely experience symptoms.
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