Stress: Can it be Considered a Disability Under Employment Law?

Introduction

According to the CIPD, 79% of employers reported stress-related absence in their organisation in 2022. Employers will often receive fit notes simply saying “stress at work” and want to know their legal obligations. Employers are also well aware that employees with disabilities have legal protections under the Equality Act and that they may need to make reasonable adjustments for disabled employees. So, can stress be a disability? B P Collins’ employment team comments below.

To be a disability, “stress” needs to be an impairment which has an adverse effect on the employee’s ability to carry out normal day-to-day activities and that adverse effect needs to be both substantial and long-term.

Short-Term Stress