June 22, 2010
Depression sufferers who claim disability discrimination should no longer be assessed by strict medical diagnosis but by the effect their depression has on everyday employment, the Employment Appeal Tribunal (EAT) has ruled.
According to Mr Justice Underhill, employment tribunals should examine an employee’s condition and the effect it has on their work before ruling over disability discrimination cases.
Tribunals do not have to find a specific medical condition that an employee is provably suffering from as a prerequisite for ruling that they have been discriminated against, the EAT added.
"There are sometimes cases where identifying the nature of the impairment from which a claimant may be suffering involves difficult medical questions; we agree that in many or most such cases it will be easier for the tribunal to park that issue and to ask first whether the claimant’s ability to carry out normal day-to-day activities has been adversely affected on a long-term basis," ruled Justice Underhill.
Therefore if an employee displays the symptoms of depression, and their work suffers as a result, tribunals will most likely find that they deserve protection under the Disability Discrimination Act (DDA).
The decision follows the case of Ms J, an unnamed claimant who was denied a job at a major city firm after revealing her history of depression.
Despite arguing that that her job offer was withdrawn because of the disclosure, breaching the DDA, an Employment Tribunal rejected J's claim, ruling that she was not suffering from 'clinical depression' at the time of the job offer and its withdrawal.
The EAT ruled that the Employment Tribunal was wrong and must re-consider the issue of whether J was depressed at that time.
"If a tribunal starts by considering the adverse effect issue and finds that the claimant’s ability to carry out normal day-to-day activities has been substantially impaired by symptoms characteristic of depression for twelve months or more, it would in most cases be likely to conclude that he or she was indeed suffering 'clinical depression' rather than simply a reaction to adverse circumstances," the tribunal said.
J’s case, and the subsequent EAT ruling, will be welcomed by a vast number of employees across Britain, who feel marginalised by battles with depression.
To better understand the ruling and your rights within the workplace under the DDA, approach your local solicitor for advice and protection from discriminatory employers.
