Appeal tribunal widens scope for potential stress claims

The Employment Appeal Tribunal has recently ruled that, in order to decide that someone has a "mental impairment" (and hence a "disability", according to the Disability Discrimination Act 1995), medical evidence must be adduced to show either:

(a) that the Applicant was suffering from a clinically well-recognised mental illness; or

(b) that the Applicant had some other form of mental impairment, which does not arise from a mental illness at all, but from some other cause.

The distinction arises from a highly technical interpretation of the wording of the Act.  It is potentially very important, however, because mental impairments brought about by such things as "stress", "anxiety", etc. have so far been excluded as "disabilities" under the Act.

Employers are advised to keep an ever-watchful eye on employee stress, either as part of an overall health and safety regime or under a specific Stress Management Policy, which provides for early warning indicators and the making of adjustments to minimise its impact upon their employees.

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