Respondent won Employment Tribunal · 11 January 2023

Situational stress not enough to prove disability under Equality Act

Tribunal rejects disability discrimination claim after finding former employee's stress was a reaction to life events, not a mental impairment with long-term effects.

1 min read · Last updated 18 May 2026

Case details

Key facts

  • The claimant had documented behavioural difficulties as a child and attended therapy sessions as a teenager and adult.
  • The claimant experienced symptoms including insomnia, concentration problems, and hypervigilance.
  • The claimant never sought a medical diagnosis or took prescription medication for his symptoms.
  • The claimant had a 10-year period without therapy, indicating his symptoms were not continuous.
  • The tribunal found the claimant's symptoms were likely reactions to stressful life events rather than a mental impairment.

Timeline

  1. Childhood behavioural assessment

    Meeting notes documented challenging behaviours including violence and disruptive classroom behaviour.

  2. Violent outburst at age 11

    Claimant used a hockey stick to destroy school property and attended 5 counselling sessions.

  3. Started therapy with Janet de Heger

    Attended weekly therapy sessions during term time from age 17 through university.

  4. Continued therapy into adulthood

    Claimant continued therapy privately during his year out and three years at university.

  5. Stopped regular therapy

    By age 21 or 22, claimant developed coping strategies and stopped therapy for about 10 years.

  6. Resumed therapy with Bob Lynton

    Weekly psychotherapy from January to August 2019 for work-related anxiety.

  7. Sessions with Alison Easton

    Six cognitive hypnotherapy sessions from 11 March to 12 April 2020, then stopped due to pandemic.

  8. Employment tribunal hearing

    Hearing via CVP to determine whether claimant was disabled under s.6 Equality Act 2010.

  9. Judgment issued

    Tribunal found claimant was not a disabled person at the relevant time.

The outcome

The tribunal decided that the former employee was not a disabled person at the relevant time. The key reason was that his symptoms—insomnia, concentration problems, and hypervigilance—were likely reactions to stressful life events rather than a mental impairment. The tribunal noted a 10-year gap without therapy, indicating the symptoms were not continuous or long-term. No compensation was awarded as the claim failed at the preliminary stage.

Lessons & takeaways

  • To be protected from disability discrimination, you must show a mental or physical impairment that has a substantial and long-term adverse effect on day-to-day activities.
  • A history of therapy or counselling does not automatically prove a disability—the symptoms must be more than situational reactions to stress.
  • Seeking a medical diagnosis and consistent treatment can strengthen a claim of disability; gaps in treatment may suggest the condition is not long-term.
  • Employment tribunals will consider the overall pattern of symptoms, including periods of remission, to decide if the effect is long-term.

When stress is not a disability

This case highlights a common challenge in disability discrimination claims: proving that a mental health condition meets the legal definition of disability. The former employee had a documented history of behavioural difficulties as a child and attended therapy sessions as a teenager and adult. He experienced symptoms including insomnia, concentration problems, and hypervigilance, which he argued substantially affected his daily life. However, the tribunal found that these symptoms were likely reactions to stressful life events rather than a mental impairment.

What the tribunal considered

The key factor was the pattern of the claimant's symptoms. He had a 10-year period without any therapy, which indicated that his difficulties were not continuous. The tribunal noted that he never sought a medical diagnosis or took prescription medication, preferring self-care practices like meditation and cold water therapy. The evidence showed that his symptoms flared up during stressful periods but subsided when life was going well. This pointed to a situational reaction rather than an underlying impairment with long-term effects.

Why this matters for similar claims

This decision serves as a reminder that not every mental health difficulty will qualify as a disability under the Equality Act 2010. To succeed, claimants must demonstrate that their condition has a substantial and long-term adverse effect on normal day-to-day activities. A history of therapy alone is not enough—tribunals will look at the overall pattern, including periods of remission and whether symptoms are linked to specific stressors. Those considering a disability discrimination claim should seek medical evidence that clearly establishes the nature and duration of their impairment.

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