Mental health struggles such as depression, anxiety, or PTSD can have a huge impact on daily life — from work performance to relationships and overall wellbeing. But many people are unsure whether these conditions are legally recognised as a disability in the UK, and what that means for their rights at work.
Under the Equality Act 2010, certain mental health conditions do qualify as disabilities, giving employees the right to protection from discrimination and to reasonable adjustments in the workplace.
This guide explains how mental health conditions fit into the legal definition of disability, what types of conditions are covered, how the law is applied in practice, and what steps you can take if you believe you’ve been discriminated against because of your mental health condition.
The Legal Definition of Disability in the UK
The starting point for understanding whether a mental health condition counts as a disability is the Equality Act 2010. This law defines disability as:
“a physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities.”
Let’s break this down:
- Physical or mental impairment: This includes both physical conditions (like mobility problems) and mental health conditions (such as depression, anxiety, or bipolar disorder).
- Substantial effect: The condition must have more than a minor or trivial impact — for example, making it hard to concentrate, sleep, or interact socially.
- Long-term: The condition must have lasted, or be expected to last, at least 12 months. Fluctuating or recurring conditions can still qualify if they are long-term overall.
- Normal day-to-day activities: This covers things like communicating, travelling, concentrating, sleeping, or working — not just specialised tasks.
Key point: You don’t need a formal disability label from a doctor. What matters is how the condition affects your everyday life.
How Mental Health Fits Into the Definition
Mental health conditions can clearly fall within the Equality Act’s definition of a disability, because they are recognised as “mental impairments.” The key question is whether the condition has a substantial and long-term impact on daily life.
Examples of conditions that may qualify
- Depression – if it significantly affects sleep, energy, or concentration for 12 months or more.
- Generalised Anxiety Disorder – when symptoms like panic attacks or avoidance behaviours limit everyday activities.
- Post-Traumatic Stress Disorder (PTSD) – intrusive thoughts, flashbacks, or severe anxiety that interfere with work or relationships.
- Bipolar Disorder – long-term episodes of depression and mania that affect stability and functioning.
- Obsessive Compulsive Disorder (OCD) – compulsive behaviours that disrupt normal routines.
- Schizophrenia or psychosis – ongoing impairments in perception and decision-making.
Case law examples
Employment Tribunals have confirmed that mental health conditions don’t need to be constant. Fluctuating conditions — like periods of good mental health followed by relapses — can still qualify as disabilities if the long-term effect is significant.
Everyday stress vs. recognised conditions
Not every short period of stress or low mood will count. To qualify, the condition must be diagnosed or medically recognised, and must significantly disrupt daily life.
Key point: If a mental health condition has a real, long-lasting impact on how you live and work, it is likely to qualify as a disability under UK law.
Conditions That May Qualify as a Disability
Not all mental health issues are treated the same under UK law. The Equality Act 2010 focuses on impact, not just diagnosis. Below are some common conditions that may qualify as disabilities:
Depression
- Often qualifies if symptoms such as fatigue, low motivation, or inability to concentrate are long-term and significantly affect daily life.
Anxiety Disorders
- Generalised Anxiety Disorder, panic disorder, or social anxiety may qualify if symptoms interfere with sleep, communication, or regular work attendance.
Post-Traumatic Stress Disorder (PTSD)
- Symptoms like flashbacks, hyper, and intrusive thoughts can cause substantial day-to-day disruption.
Bipolar Disorder
- Typically qualifies because it involves long-term, recurring episodes of depression and anxiety.
Obsessive Compulsive Disorder (OCD)
- Intrusive thoughts and compulsive rituals that limit daily activities may meet the threshold.
Schizophrenia or Psychosis
- Generally recognised as a disability due to its profound and ongoing impact.
Long-Term Stress
- Ordinary workplace stress usually does not qualify, but if it develops into a recognised medical condition (e.g., depression or anxiety disorder) and lasts more than 12 months, it may.
Key takeaway: The Equality Act doesn’t list specific conditions — instead, it focuses on whether the condition has a substantial and long-term effect on daily life.
The Test for Substantial and Long-Term Impact
To decide whether a mental health condition qualifies as a disability, tribunals apply two key tests:
1. Substantial impact
The condition must have more than a minor or trivial effect on day-to-day life. Examples include:
- Difficulty concentrating on tasks at work.
- Trouble sleeping, leading to exhaustion.
- Struggling with communication or social interactions.
- Needing frequent time off due to symptoms.
It doesn’t have to affect every aspect of life — just enough to create genuine barriers compared to someone without the condition.
2. Long-term effect
The condition must have lasted, or be expected to last, 12 months or more. This includes:
- Continuous symptoms (e.g., ongoing severe anxiety).
- Fluctuating symptoms (e.g., periods of wellness followed by relapses).
- Conditions where medical evidence suggests the impact will continue.
Fluctuating and recurring conditions
Tribunals recognise that mental health conditions aren’t always constant. For example, someone with bipolar disorder may have long periods of stability, but the risk of relapse means the condition is still considered long-term.
Key point: Even if you’re not experiencing symptoms every day, if your condition is long-lasting and has a substantial impact overall, it can qualify as a disability under UK law.
Examples of Day-to-Day Activities Affected
To decide whether a mental health condition counts as a disability, Tribunals look at how it affects everyday activities, not just work tasks. These activities are broad and cover ordinary life.
Common examples include:
- Concentration and memory – struggling to focus on tasks, forgetting instructions, or difficulty processing information.
- Sleep – severe insomnia or disrupted sleep patterns affecting energy and alertness.
- Self-care – difficulties with eating regularly, maintaining hygiene, or managing daily routines.
- Social interaction – avoiding social contact, experiencing panic in groups, or difficulty communicating.
- Mobility and travel – being unable to commute due to anxiety, panic attacks, or PTSD triggers.
- Attendance at work – frequent absences caused by mental health symptoms.
Case example: A Tribunal may consider depression a disability if it prevents someone from concentrating at work, sleeping properly, or socialising normally — even if they can still physically attend the workplace.
Key point: The law looks at the practical impact on daily life, not just the diagnosis on paper.
Employer Duties and Reasonable Adjustments
Once an employer knows, or could reasonably be expected to know, that an employee has a disability, they are legally required to take steps to support them. Under the Equality Act 2010, this means making reasonable adjustments.
What are reasonable adjustments?
Changes to the workplace, job role, or processes that help remove barriers caused by the disability. These don’t have to be costly or complex, but they should make it easier for the employee to do their job.
Examples of reasonable adjustments for mental health conditions
- Flexible working hours to manage fatigue or medical appointments.
- Remote or hybrid working options to reduce commuting stress.
- Adjusted workloads or extended deadlines during periods of illness.
- Providing a quiet workspace or reduced noise environment.
- Extra breaks during the day to manage anxiety or stress.
- Support with phased return to work after long absences.
- Access to employee assistance programmes or mental health support.
Employer responsibility
- Employers cannot ignore requests for adjustments.
- Failure to make reasonable adjustments is itself a form of disability discrimination.
- Adjustments should be discussed with the employee and tailored to their needs.
Key takeaway: If your mental health condition qualifies as a disability, your employer has a duty to make practical changes that support you at work.
What Doesn’t Qualify?
Not every mental health issue will count as a disability under UK law. The Equality Act sets clear limits to avoid confusion.
Short-term conditions
- Feeling stressed for a few weeks during a busy project is unlikely to qualify.
- Low mood or anxiety that lasts less than 12 months generally doesn’t meet the “long-term” test.
Mild or temporary symptoms
- Occasional worry, sadness, or difficulty sleeping that doesn’t significantly disrupt daily life is not usually classed as a disability.
Conditions linked to substance misuse
- If the impairment results only from alcohol or drug misuse, it is not considered a disability under the Equality Act.
- However, if the substance misuse is connected to an underlying mental health condition (such as depression), the underlying condition may still qualify.
Situations outside the Equality Act
- Stress that isn’t medically recognised as an impairment.
- Personality clashes with managers or colleagues, unless they stem from a diagnosed condition.
Key point: The law focuses on substantial, long-term effects of a recognised mental health condition — not short-lived or everyday experiences of stress.
How to Prove Mental Health is a Disability in a Tribunal
If your employer disputes whether your condition counts as a disability, an Employment Tribunal may need to decide. To succeed, you’ll need evidence that your condition meets the definition set out in the Equality Act referred to abovetest.
Medical evidence
- GP letters or reports describing your diagnosis and symptoms.
- Psychiatric or psychological assessments showing the impact on daily functioning.
- Occupational Health reports containing details of your condition and how it affects you.
- Records of medication or treatment plans to demonstrate the long-term nature of your condition.
Workplace evidence
- Absence records showing ongoing or recurring sickness and the reasons for the absence.
- Notes of requests for adjustments (and your employer’s responses).
- Performance reviews or occupational health reports documenting the impact of your condition.
Witness evidence
- Statements from colleagues, friends, or family, who can describe how the condition affects your everyday life.
- A statement from you setting out how your condition impacts you.
Tribunal approach
- Tribunals don’t just rely on labels — they look at how your condition affects you in practice so it’s important that you explain the impact in detail.
- Fluctuating conditions are taken seriously if the overall effect is long-term and substantial.
Key takeaway: To prove your mental health condition is a disability, show clear evidence of its diagnosis, duration, and impact on daily life.
Steps to Take if You Think You’re Being Discriminated Against
If your mental health condition qualifies as a disability, you have strong protections under the Equality Act 2010. Here’s what to do if you think your employer isn’t treating you fairly:
1. Keep records
- Save emails, letters, and meeting notes that show how you’ve been treated.
- Keep a diary of incidents, dates, times, location, and the people involved.
- Collect medical notes or fit notes that confirm your condition.
2. Raise the issue informally
- If you feel comfortable, speak to your line manager or HR.
- Explain how your condition affects you and what adjustments could help.
3. Submit a formal grievance
- If informal conversations don’t resolve the problem, use your employer’s grievance procedure.
- A written grievance gives you a clear record and is often a necessary step before going further.
4. Seek external help
- Contact ACAS for free advice and to start Early Conciliation if needed.
- Use services like Citizens Advice or mental health charities such as Mind for guidance.
- Platforms like Valla offer templates and coaching to help you frame your case.
5. Consider an Employment Tribunal
- If discrimination continues, you may bring a tribunal claim.
- Strict time limits apply — usually 3 months less one day from the date of the last discriminatory act.
Tip: The earlier you act, the stronger your position will be. Don’t wait until the situation becomes unbearable.
Key Takeways
- Under the Equality Act 2010, mental health conditions can qualify as a disability if they have a substantial and long-term impact on your daily life.
- Conditions like depression, anxiety disorders, PTSD, bipolar disorder, OCD, and schizophrenia often meet this test.
- The law looks at impact, not just diagnosis — short-term stress or mild symptoms usually don’t qualify.
- Employers have a duty to make reasonable adjustments once they know about an employee’s disability.
- To prove your condition is a disability in a tTribunal, you’ll need medical evidence, workplace records, and witness statements.
- If you face discrimination, act quickly: keep records, raise it internally, and seek support from services like ACAS, Citizens Advice, or Valla.
Bottom line: Many employees don’t realise their mental health struggles may legally count as a disability. Knowing your rights is the first step to getting fair treatment at work.
FAQs
Does depression count as a disability under UK law?
Yes, dDepression can count as a disability if it has a substantial and long-term effect on your ability to carry out normal day-to-day activities, such as sleeping, concentrating, or working.
Is anxiety a disability under the Equality Act?
Anxiety can qualify as a disability if it is long-term (lasting or expected to last at least 12 months) and has a significant impact on daily life. Short-term or mild anxiety usually does not qualify.
What mental health conditions are recognised as disabilities?
Conditions such as depression, anxiety disorders, PTSD, bipolar disorder, OCD, and schizophrenia are often recognised — as long as they meet the legal test of being substantial and long-term.
What adjustments can employers make for mental health disabilities?
Examples include flexible working hours, remote working options, reduced workloads, extra breaks, quiet workspaces, or phased returns after sickness absence.
How do I prove my mental health condition is a disability?
You’ll need evidence such as GP notes, psychiatric reports, workplace absence records, and witness statements showing how your condition affects daily life.
Conclusion
Mental health conditions are increasingly recognised under UK law as disabilities, giving employees important rights to protection and support. The key question is not just the medical label, but whether your condition has a substantial and long-term effect on your everyday life.
If it does, your employer has a duty to make reasonable adjustments — and you are protected against discrimination under the Equality Act 2010. Understanding this framework can help you feel more confident in asking for support, challenging unfair treatment, and, if necessary, taking formal action.
At Valla, we believe everyone deserves fair treatment at work, regardless of their mental health. Our platform provides:
- Templates for grievances and Tribunal forms.
- Step-by-step guides to workplace rights.
- Coaching support to help you build your case.