Train driver with anxiety after rail incident not disabled under Equality Act
A Cardiff tribunal found that a train driver with anxiety and depression following a serious railway accident was not disabled under the Equality Act 2010, as his impairment did not have a substantial or long-term effect on day-to-day activities.
1 min read · Last updated 18 May 2026
Case details
- #mental-health-impairment
- #train-driver
- #traumatic-incident
- #occupational-health
- #substantial-adverse-effect
- #long-term
Key facts
- The claimant was a train driver involved in a serious railway accident on 9 February 2021.
- He was diagnosed with anxiety, depression, and potential PTSD following the incident.
- The claimant applied for volunteer roles with St John's Ambulance and as an NHS vaccinator during his absence.
- The tribunal found that the claimant's mental health impairment did not have a substantial adverse effect on his normal day-to-day activities.
- The tribunal also found that the impairment was not long-term at the relevant time.
- The respondent's counterclaim for breach of contract was dismissed as the claimant had not brought such a claim.
Timeline
-
Employment started
The claimant began working as a train driver for Transport for Wales Rail Limited.
-
Railway incident
The claimant was involved in a serious but non-fatal railway accident involving a member of the public.
-
First GP consultation
The claimant consulted his GP for the first time after the incident.
-
Private consultation with Dr Beard
The claimant obtained a medical letter from Dr Beard to support his volunteer work application.
-
GP consultation
The claimant attended a GP appointment to obtain a fit note.
-
GP consultation and referral
The claimant attended a GP appointment and it was agreed he would be referred to mental health services.
-
Occupational health report
Dr J Behr provided an occupational health report diagnosing anxiety, depression, and potential PTSD.
-
GP consultation
The claimant attended a GP appointment to obtain a fit note.
-
Mental health support worker assessment
The claimant had a discussion with a mental health support worker about his ongoing symptoms.
-
Resignation
The claimant resigned from his employment.
The legal issue
The tribunal had to decide whether the train driver's anxiety, depression, and potential PTSD following a traumatic incident amounted to a disability under the Equality Act 2010, specifically whether the impairment had a substantial and long-term adverse effect on his normal day-to-day activities.
The outcome
The tribunal decided that the claimant was not a disabled person at the time of the alleged discriminatory acts.
The key reasons were:
- The medical evidence did not show that the impairment had a substantial adverse effect on his ability to carry out normal day-to-day activities.
- The impairment was not long-term, as it had not lasted or was not likely to last for 12 months.
- The claimant's ability to apply for volunteer roles and his relatively short period of symptoms undermined the claim of substantial effect.
The respondent's counterclaim for breach of contract was also dismissed as the claimant had not brought such a claim.
Lessons & takeaways
- To establish disability, you need medical evidence showing the impairment has a substantial and long-term effect on normal day-to-day activities.
- Short-term mental health conditions following a traumatic event may not meet the legal definition of disability if they resolve within months.
- Applying for volunteer roles during sickness absence can be used by employers to argue that your condition is not substantially affecting daily life.
- The timing of the alleged discrimination is critical – the assessment of disability is made at that time, not later when symptoms may have worsened.
When a traumatic incident does not lead to a disability finding
This case shows how the legal definition of disability under the Equality Act 2010 can be a high bar, even for employees who have experienced a serious traumatic event. The train driver was involved in a non-fatal railway accident in February 2021 and subsequently developed anxiety, depression, and potential PTSD. However, the tribunal found that his impairment did not meet the statutory test.
What the tribunal looked at
The tribunal applied the four-stage test from Goodwin v The Patent Office: does the claimant have an impairment; does it affect normal day-to-day activities; is the effect substantial; and is it long-term? Here, the evidence showed that the driver's symptoms were not having a substantial effect on his daily life. He had applied for volunteer roles with St John's Ambulance and as an NHS vaccinator, which suggested he was capable of significant activities. The impairment also had not lasted or was not expected to last 12 months at the relevant time.
What the employer could have done differently
While the respondent ultimately won, the case highlights the importance of gathering up-to-date medical evidence. The claimant had sought support from his GP and an occupational health report, but the tribunal found this evidence did not support a finding of disability. Employers facing similar claims should ensure they have a clear picture of the employee's functional limitations and prognosis.
Why this matters for similar claims
Employees bringing disability discrimination claims must be prepared to prove their condition meets the legal definition. This is not just about having a diagnosis – the tribunal will examine the actual impact on daily activities and the duration of that impact. A traumatic incident alone does not automatically confer disability status, and short-term mental health conditions may fall outside the Act's protection.
Similar cases
Dilated right kidney held to be a disability under Equality Act
A former employee with a dilated right kidney has been found disabled under the Equality Act, allowing his discrimination claims to proceed to a full hearing.
Teaching Assistant with ADHD, anxiety and depression found disabled under Equality Act
A tribunal ruled that a teaching assistant with ADHD, anxiety and depression was disabled at the time of her employment, allowing her disability discrimination claim to proceed.
Delivery driver with carpal tunnel syndrome not disabled under Equality Act
A delivery driver who had carpal tunnel syndrome surgery and returned to work without sickness absence was found not to be disabled. The tribunal dismissed her unfair dismissal and disability discrimination claims.
Type 2 diabetes and plantar fasciitis: when conditions don't meet the disability threshold
A tribunal has ruled that a coffee specialist's type 2 diabetes and plantar fasciitis were not disabilities under the Equality Act, dismissing his discrimination claim at a preliminary stage.