Disability discrimination and depression: employment tribunal decisions

This article summarises the main issues and outcomes in five tribunal cases where it was claimed that the employer committed disability discrimination against an employee with depression. 

• Disability discrimination and depression: employment tribunal decisions The cases cover: whether not moderate to severe depression is a disability; a grievance from a depressed employee; a “sustained return to work” criterion for receiving a benefit; increased absence levels because of depression; and withdrawal of a job offer. 

Also

Employment tribunals: dyslexia leads to disability discrimination claims A sample of 100 employment tribunal rulings on disability discrimination gathered by XpertHR shows that depression and limb disorders such as back pain are the most common health conditions that lead to tribunal claims. From the XpertHR employment intelligence blog. 

Managing stress at work: the 2010 IRS survey Latest IRS research examines the steps employers are taking to manage and reduce work-related stress, including occupational health provision and counselling. 

Recent appeal decisions on disability discrimination involving individuals with mental health problems include:

• Aylott v Stockton-on-Tees Borough Council [2010] EWCA Civ 910 CA;
• Aitken v Commissioner of Police of the Metropolis EAT/0226/09; and
• J v DLA Piper LLP EAT/0263/09.