This article applies to England, Wales and Scotland.
Last updated: April 2026
In brief: Many mental health conditions qualify as a disability under the Equality Act 2010. The legal test is whether your condition is a mental impairment that has a substantial, long-term, and adverse effect on your ability to carry out normal day-to-day activities. "Long-term" means 12 months or more. If you meet this definition, your employer has a legal duty to make reasonable adjustments and you are protected from discrimination.
If you are struggling with a mental health condition and wondering whether the law protects you at work, you are not alone in asking this question. Disability discrimination claims have risen 99% year-on-year, reaching 3,481 in the most recent quarterly figures. Many of those claims involve mental health conditions that people did not realise qualified as a disability.
The disconnect is understandable. Most people associate the word "disability" with physical conditions. But the Equality Act 2010 takes a much broader view, and your anxiety, depression, PTSD, or other mental health condition may well fall within its definition, giving you protections your employer cannot ignore.
The legal definition of disability
Section 6 of the Equality Act 2010 defines disability. You are disabled for the purposes of the Act if you have a physical or mental impairment that has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities.
That is four elements, and all four must be present:
A mental impairment. Your condition must be a recognised mental health condition. The law does not require a formal psychiatric diagnosis, but having one helps. What matters is the effect, not the label.
Substantial adverse effect. "Substantial" means more than minor or trivial (Equality Act 2010, section 212(1)). It does not mean severe. If your condition makes everyday tasks noticeably harder, that may be enough. Examples include difficulty concentrating, disrupted sleep that affects your functioning, inability to use public transport alone, or struggling with social interactions.
Long-term. The condition must have lasted, or be likely to last, at least 12 months. Conditions that fluctuate or go into remission can still count. If the effects are likely to recur, they are treated as continuing (Schedule 1, paragraph 2).
Effect on normal day-to-day activities. This covers things like getting dressed, cooking, shopping, using a computer, travelling, maintaining personal relationships, and managing your own safety. Since 1 January 2024, Schedule 1, paragraph 5A (inserted by the Equality Act 2010 (Amendment) Regulations 2023) extends this for employment-related claims to include your ability to participate fully and effectively in working life on an equal basis with other workers. This means activities specific to your job can now be relevant, not just general daily tasks.
The medication rule most people miss
One of the most important rules in the Equality Act catches many people off guard. When assessing whether your condition has a substantial adverse effect, the law requires you to ignore the effect of any medical treatment (Schedule 1, paragraph 5). If medication controls your symptoms, the question is: what would your condition be like without it?
This means someone whose depression is managed by antidepressants may still be disabled under the Act, because without medication the effects would be substantial. The same applies to anti-anxiety medication, mood stabilisers, and other treatments for mental health conditions.
The only exception is sight impairment corrected by glasses or contact lenses.
Which mental health conditions may qualify
The Equality Act does not provide a list of qualifying conditions. The test is always about effect, not diagnosis. That said, the following conditions commonly meet the threshold:
Depression, where symptoms such as fatigue, loss of motivation, difficulty concentrating, or withdrawal from daily activities persist for 12 months or more. Generalised anxiety disorder, panic disorder, and social anxiety, particularly where they interfere with sleep, concentration, travel, or attendance at work. Post-traumatic stress disorder (PTSD), where flashbacks, hypervigilance, or avoidance behaviours disrupt daily life. Bipolar disorder, which typically qualifies because it involves long-term, recurring episodes. Obsessive-compulsive disorder (OCD), where intrusive thoughts and compulsive behaviours limit daily functioning. Eating disorders, including anorexia and bulimia, where the condition affects physical health, energy, or cognitive function over a sustained period. Schizophrenia and psychotic disorders, which generally meet the definition given their profound and ongoing impact.
Stress alone, without an underlying clinical condition, is unlikely to meet the threshold. But prolonged or severe stress that develops into a recognised condition such as anxiety or depression may well qualify.
What is not covered
The Equality Act 2010 (Disability) Regulations 2010 specifically exclude certain conditions from being treated as impairments. These include addiction to alcohol, nicotine, or any other substance (unless the addiction was caused by medical treatment), and a tendency to set fires, steal, or physically or sexually abuse others. Certain conditions such as exhibitionism and voyeurism are also excluded.
Importantly, if you have a mental health condition caused by or alongside a substance addiction, the underlying mental health condition may still qualify, even if the addiction itself does not.
What your employer must do
Once your employer knows, or could reasonably be expected to know, that you have a disability, they have two legal obligations under the Equality Act 2010.
Reasonable adjustments (sections 20-21). Your employer must take reasonable steps to remove or reduce disadvantages caused by your disability. For mental health conditions, this might include flexible working hours to manage fatigue or attend appointments, adjustments to workload during flare-ups, quiet working spaces, phased returns after absence, modified targets or deadlines, permission to take breaks when needed, or adjustments to how performance is monitored.
What counts as "reasonable" depends on the size and resources of the employer, the practicality of the adjustment, and how effective it would be. Your employer does not have to do everything you ask, but they must genuinely consider what would help and explain their reasoning if they decline.
Protection from discrimination (Part 5). You are protected from direct discrimination (being treated less favourably because of your disability), indirect discrimination (policies that disadvantage you), harassment related to your disability, victimisation for raising a complaint, and discrimination arising from disability (being treated unfavourably because of something connected to your condition, such as sickness absence).
You do not need to have told your employer your diagnosis
Your employer does not need to know the specific name of your condition. The legal test under section 15 is whether the employer knew, or ought reasonably to have known, that you were disabled. If you have been off sick with stress-related absence, submitted fit notes referencing a mental health condition, or your behaviour at work has visibly changed, a tribunal may find that your employer had enough information to trigger the duty to make adjustments, even if you never used the word "disability."
That said, being clear about what you need is usually the most practical approach. You do not have to disclose your diagnosis, but explaining the effects of your condition and what adjustments would help puts your employer on notice and creates a paper trail.
What to do if your employer is not supporting you
If you believe your employer is failing to make reasonable adjustments or is discriminating against you because of a mental health condition, there are steps you can take.
Keep a record of what has happened. Note dates, what was said, who was present, and any documents exchanged. This is your evidence and it matters.
Raise a grievance. Put your concerns in writing using your employer's formal grievance procedure. A written grievance is often a necessary step before going further, and it creates a clear record of your complaint.
Contact ACAS. If your grievance does not resolve things, you can contact ACAS for free early conciliation. This is a mandatory step before you can make an employment tribunal claim. The time limit for bringing a disability discrimination claim is 3 months less one day from the act you are complaining about, extended by the ACAS conciliation period. The Employment Rights Act 2025 will extend this to 6 months for most claims, with the change expected no earlier than October 2026.
Seek legal advice. Disability discrimination claims can be complex, and a solicitor experienced in employment law can assess the strength of your case and advise on the best approach.
The tribunal data: what actually happens in disability discrimination cases
According to Ministry of Justice tribunal statistics for Q3 2025/26, disability discrimination claims reached 3,481 in a single quarter, up 99% year-on-year. Of these, 32% settled via ACAS early conciliation and 95% were resolved without a hearing. For cases that did reach a hearing, 20% succeeded. Compensation in disability discrimination cases is uncapped and includes an award for injury to feelings, assessed using the Vento bands.
These numbers tell you two things. First, the vast majority of cases settle before a hearing. Second, bringing a claim is not a formality. Having strong evidence and understanding the legal test matters.
You can explore the full data in our disability discrimination tribunal data article.
Frequently asked questions
Does anxiety count as a disability under the Equality Act? It can. If your anxiety has lasted 12 months or more and has a more-than-minor effect on daily activities such as sleeping, concentrating, travelling, or socialising, it may meet the legal definition. The test focuses on effect, not diagnosis.
Do I need a formal diagnosis to be considered disabled? No. The Equality Act does not require a formal diagnosis. What matters is the effect of your condition on your daily life. However, medical evidence from your GP, psychiatrist, or therapist will strengthen your case if it goes to a tribunal.
Can depression be a disability even if I am still working? Yes. Many people with depression continue to work, sometimes with great difficulty. The fact that you can work does not mean the condition is not having a substantial adverse effect on your daily life. Tribunals look at the full picture, not just whether you can attend work.
What if my condition comes and goes? Fluctuating or recurring conditions are specifically covered. If the effects are likely to recur, they are treated as continuing under Schedule 1, paragraph 2 of the Equality Act. Conditions such as bipolar disorder, some forms of depression, and PTSD commonly fluctuate.
Can my employer ask about my mental health during recruitment? Generally, no. Section 60 of the Equality Act restricts pre-employment health questions. Your employer cannot ask about your health or disability before offering you a job, except in limited circumstances such as assessing whether you need reasonable adjustments for the recruitment process itself.
What if my employer says my condition is not a disability? Your employer does not get to decide. Whether you meet the legal definition is ultimately a question for a tribunal if it comes to that. Your employer's opinion is not determinative.
Is work-related stress a disability? Stress itself is not a medical condition and is unlikely to qualify on its own. However, if prolonged stress has led to a diagnosable condition such as anxiety or depression that meets the four-part test, that condition may be a disability.
How long do I have to bring a disability discrimination claim? The current time limit is 3 months less one day from the discriminatory act. ACAS early conciliation pauses this clock. The Employment Rights Act 2025 will extend this to 6 months for most employment tribunal claims, expected no earlier than October 2026.
Sources
- Equality Act 2010, section 6 (definition of disability) — legislation.gov.uk/ukpga/2010/15/section/6
- Equality Act 2010, Schedule 1 (supplementary provisions on disability) — legislation.gov.uk/ukpga/2010/15/schedule/1
- Equality Act 2010 (Disability) Regulations 2010 — legislation.gov.uk/uksi/2010/2128
- Equality Act 2010 (Amendment) Regulations 2023 (SI 2023/1425) — legislation.gov.uk/uksi/2023/1425
- GOV.UK: Definition of disability under the Equality Act 2010 — gov.uk/definition-of-disability-under-equality-act-2010
- GOV.UK: When a mental health condition becomes a disability — gov.uk/when-mental-health-condition-becomes-disability
- Guidance on matters to be taken into account in determining questions relating to the definition of disability (Office for Disability Issues, 2011) — assets.publishing.service.gov.uk/media/5a80dcc8ed915d74e6230df4/Equality_Act_2010-disability_definition.pdf
- Mind: Disability discrimination — mind.org.uk/information-support/legal-rights/disability-discrimination/disability/
- Citizens Advice: Check if you're disabled under the Equality Act — citizensadvice.org.uk/work/discrimination-at-work/
- Ministry of Justice: Tribunal Statistics Quarterly, Q3 2025/26
- ACAS: Employment Rights Act 2025 — acas.org.uk/employment-rights-act-2025
Important notice: This article is published by Yerty for general informational purposes only and does not constitute legal advice. It should not be relied upon as a substitute for professional legal advice tailored to your specific circumstances. Yerty is not a law firm and does not provide legal advice. Employment law is highly fact-sensitive, and whether a mental health condition qualifies as a disability depends on the particular facts of your situation. If you believe you are being discriminated against because of a mental health condition, we strongly encourage you to seek independent legal advice from a qualified employment solicitor.