Accountant with under two years' service fails in disability discrimination claim
An accountant who worked for just over a year lost his disability discrimination claim after the tribunal found he did not have a disability under the Equality Act. He was awarded £22.43 for an unauthorised wage deduction.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The Claimant was employed as an accountant from April 2020 to May 2021.
- The Claimant had a mental impairment (anxiety, depression, OCD) but did not disclose it until a disciplinary meeting on 28 March 2021.
- The Tribunal found the Claimant did not have a disability under the Equality Act 2010 because the adverse effects on day-to-day activities were not substantial or long-term.
- The Respondent made an unauthorised deduction of £22.43 from wages, which was settled by consent.
- The Claimant's disability discrimination claims failed due to lack of disability and lack of knowledge by the Respondent.
- The unfair dismissal claim was struck out for lack of two years' continuous service.
Timeline
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Employment started
Claimant began work as an accountant for the Respondent.
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Email about mental health
Claimant emailed requesting leave due to mental health, stating he needed a break.
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Unauthorised study leave
Claimant took two weeks' study leave despite NA authorising only 2-3 days.
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Travel to Pakistan
Claimant travelled to Pakistan without authorised leave, returning on 24 February.
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Disciplinary invitation
NA invited Claimant to a disciplinary meeting regarding unauthorised leave and performance.
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Disciplinary meeting
Claimant disclosed his mental health condition for the first time.
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Resignation and grievance
Claimant resigned and submitted a grievance letter.
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Employment ended
Claimant's last day of employment.
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Claim presented
Claimant presented his claim to the Employment Tribunal.
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Final hearing
Tribunal dismissed disability discrimination claims and ordered payment of £22.43 by consent.
The legal issue
The tribunal had to decide whether the claimant had a disability under the Equality Act 2010, and if so, whether the respondent discriminated against him or failed to make reasonable adjustments. It also considered an unlawful deduction from wages claim.
The outcome
The tribunal dismissed all disability discrimination claims. The claimant did not meet the legal definition of disability because his anxiety, depression and OCD did not have a substantial or long-term effect on his daily life. The respondent also had no knowledge of any disability until the claimant disclosed it in a disciplinary meeting.
The only successful claim was for an unauthorised deduction of £22.43 from wages, which the respondent agreed to pay by consent. The unfair dismissal claim was struck out because the claimant had less than two years' continuous service.
Lessons & takeaways
- To bring a disability discrimination claim, you must show your impairment has a substantial and long-term adverse effect on normal day-to-day activities – not just on work.
- Employers cannot be liable for failing to make reasonable adjustments if they do not know, and could not reasonably be expected to know, about your disability.
- Employees with less than two years' service cannot claim unfair dismissal, regardless of the circumstances of their leaving.
- Keep a clear record of any medical evidence and disclose your condition to your employer as early as possible to trigger their duty to make adjustments.
A short service and a late disclosure
This case shows the importance of both the length of service and the timing of disability disclosure in employment claims. The claimant, an accountant, worked for HGA Accountants and Financial Consultants Ltd for just over a year. During that time, he struggled with anxiety, depression and OCD, but did not tell his employer until a disciplinary meeting in March 2021. By then, the employer had already started proceedings over unauthorised leave and performance issues.
The tribunal found that the claimant's mental impairment did not meet the legal threshold for disability. While he experienced symptoms, the evidence did not show that they had a substantial or long-term adverse effect on his normal day-to-day activities. This is a common hurdle in discrimination claims involving mental health – the condition must be more than temporary or mild.
What the employer could have done differently
Even though the disability claim failed, the employer made an unauthorised deduction of £22.43 from wages, which it agreed to repay. This serves as a reminder that any deduction from wages without proper authorisation or contractual basis is unlawful, regardless of the amount. Employers should ensure they have clear policies and written consent before making any deductions.
Why this result matters
For employees, this case highlights that simply having a mental health condition is not enough to bring a successful disability discrimination claim. You need to show that the condition has a substantial and long-term impact on your daily life, and that your employer knew or should have known about it. For employers, it reinforces that they are not expected to be mind-readers – but once they are told about a condition, they must consider reasonable adjustments.
The case also underscores the harsh reality of the two-year service requirement for unfair dismissal claims. Even if the dismissal was unfair, the tribunal cannot hear the claim if the employee has less than two years' continuous service.
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