Does long-term stress amount to a disability discrimination ?
Not without something else, held the Employment Appeal Tribunal (EAT) in the case of Herry v Dudley MBC.
The claimant asserted two disabilities, dyslexia and stress, and made allegations of disability discrimination. The EAT considered the distinction between stress and mental illness, stating:
“Unhappiness with a decision or a colleague, or a tendency to nurse grievances or a refusal to compromise are not of themselves mental impairments.”
The claimant failed to establish a mental impairment or to show substantial impact, presenting little or no evidence that his stress had any impact on normal day to day activities.
Conducting litigation and giving evidence at tribunal are not normal day to day activities, because they do not affect participation in professional life and therefore the appeal was dismissed.
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