Disability - What constitutes a 'mental impairment'?

Employers often find themselves faced with a doctor's note that reads something along the lines of...

" 4 weeks off work. Reason - stress"

This is largely unhelpful for the employer, as anyone who has experienced this will know! The difficulty arises here because mental impairments are always more difficult to assess - every condition is different. It is generally easier to see how an employee's 'day to day activities' are affected by a physical injury (such as a bad back), making it simpler to determine whether or not the employee is likely to be classed as 'disabled' (thereby requiring the employer to consider reasonable adjustments).

The Employment Appeal Tribunal (EAT) has recently handed down an interesting judgment concerning an employee who apparently suffered from depression.

The EAT held that, although there is a technical difference between 'depression' and a reaction to adverse life events, little turns on the distinction because tribunals should be concerned with the practical impact of any symptoms on day-to-day activities. The clinical label applied (if any) was of little relevance.

Employers should therefore give little weight to the 'label' applied by an employee's GP. Take a practical approach to the condition and look past the written diagnosis.

Tom