An employment tribunal has held in a preliminary hearing that the claimant was a disabled person within the meaning of the Equality Act 2010. The claimant argued that her work-related stress amounted to a disability.
The judge concluded that there was no requirement for there to be a formal diagnosis of a mental illness in order for the Tribunal to be satisfied that there is a mental impairment causing a substantial adverse effect on a claimant’s ability to do day to day activities.
Employers be aware – employees may be more likely to allege that their work-related stress is a disability without any formal diagnosis of mental illness.