Under UK law, anxiety can qualify as a disability if it is substantial, long-lasting or likely to last at least 12 months and significantly affects daily activities, including working life. Occasional stress or anxiety is unlikely to meet this criterion; however, ongoing anxiety disorders such as generalised anxiety disorder (GAD), panic disorder or severe social anxiety can qualify as protected disabilities under the Equality Act 2010.
Does my employer need to make reasonable adjustments for anxiety?
Yes. If your anxiety meets the criteria for a protected disability under the Equality Act, your employer is legally required to consider and make reasonable adjustments. Examples include flexible working hours, remote working arrangements, changes to workload and providing additional support or breaks during the working day.
How do I know if my anxiety qualifies as a disability?
Medical diagnosis alone does not automatically qualify anxiety as a disability. The law considers whether your anxiety significantly and substantially impacts your day-to-day functioning, whether it has lasted or is expected to last at least 12 months, and whether it affects your ability to carry out normal activities. Seeking medical advice or an expert occupational health assessment is useful in determining whether your anxiety is protected under the Equality Act 2010.
What should I do if my employer discriminates against me because of anxiety?
If you experience discrimination or unfair treatment due to anxiety recognised as a disability, you may want to raise the issue internally by raising a grievance or speaking to HR. If the issue cannot be resolved internally, you may be able to take legal action through an Employment Tribunal. It is advisable to seek professional legal advice to understand your rights and the steps to formally address workplace discrimination.
Can anxiety qualify as a disability discrimination claim?
Yes, an anxiety condition can form the basis of a disability discrimination claim provided it meets the legal definition specified in the Equality Act 2010. You can claim disability discrimination if your employer or colleague treats you unfairly, fails to make reasonable adjustments, or harasses you due to anxiety.
Examples of reasonable adjustments for anxiety at work
- Adjusting workload or deadlines to reduce stress and anxiety triggers
- Allowing regular breaks or access to quiet spaces during working hours
- Flexible working hours or arrangements to support mental health
- Providing additional support such as counselling or designated support staff
- Changing workplace tasks, role or environment to accommodate anxiety-related limitations
In the event that you require further advice on whether a condition meets the criteria as imposed by Section 6 of the Equality Act 2010, please contact our specialist discrimination law team on 0161 696 6170.
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