Workers may sue for stress, even without formal diagnosis
Work-related stress as ‘disability’
The conclusions from a recent hearing may lead to a surge in disability discrimination claims related to work-related stress. NHS worker Mrs. Phillips, in the process of suing her employer for discrimination, has been found to be disabled by Employment Judge Robert Vernon under the Equality Act 2010, despite having no formal diagnosis.
“There is 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.”
Mrs. Phillips claims that she was suffering from work-related stress between the period of January 2021 and November 2022. Alongside oral evidence, Mrs. Phillips provided the judge with Fit Notes issued by her doctor that “indicat[e] that the Claimant is unfit for work as a result of work-related stress.”
Employment Judge Robert Vernon therefore “concluded that the effects of work-related stress upon the Claimant’s ability to carry out day to day activities are substantial adverse effects”, satisfaction for him that the Claimant’s work-related stress meet the conditions for a “disability” under the Equality Act 2010 (see below). Given the period of work-related stress in question, January 2021 to November 2022, Judge Vernon was also satisfied that the effect of Mrs. Phillips’s work-related stress was long-term, under the Equality Act 2010.
“A person has a disability if that person has a physical or mental impairment and the impairment has a substantial and long-term adverse effect on that person’s ability to carry out normal day to day activities...
...The effect of an impairment is long term if it has lasted for at least 12 months, it is likely to last for at least 12 months or it is likely to last for the rest of the life of the person affected.”
The Claimant, Mrs. Phillips, is now able to proceed with the disability discrimination claim against her employer at a full tribunal.
The impact of this ruling on your organisation
Judge Vernon’s conclusions may have lasting impacts on UK organisations, setting a precedent for future disability discrimination claims related to work-related stress. Claimants with evidence that work-related stress has had a “substantial adverse effect on [their] ability to do day to day activities” over a minimum 12-month period will be able to take their disability discrimination claim to a full tribunal.
The court has said work-related stress is a risk and there is now a precedent. Organisations must ensure work-related stress is on their risk register and that it is measured, managed and mitigated appropriately and effectively. If not, they are at risk of losing huge sums in lawsuits and suffering huge damage to their reputation.
How 87% can help
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Our AI-driven recommendation engine will also give you tailored suggestions on how to reduce work-related stress of the most vulnerable audiences, helping not only to spot potential disability discrimination claims but to prevent them from ever building. Our ROI calculator will help you to quantify the risk of work-related stress on your organisation, and to measure the impact of any wellbeing initiatives delivered to mitigate employee stress.
For a fraction of the cost of potential compensation pay-outs and reputation damage, you can measure, manage and mitigate the risk of work-related stress across your organisation. Reducing work-relate stress will in turn boost productivity levels and increase profits - very much a win-win. Get in touch today to find out more and watch our 3-minute demo video.
