UK tribunal finds 'work related stress' amounts to disability – the implications for Guernsey and Jersey employers

• UK tribunal ruled work-related stress can qualify as a disability


• This decision could influence future cases in Guernsey and Jersey


• Employers should consider work-related stress seriously and provide appropriate support

Towards the end of last year, the Claimant brought a number of claims against her employer including various claims of disability discrimination. The Claimant sought to rely on two separate disabilities, dermatitis and stress at work. Although the first of these conditions was found not to be a disability under the EqA, the latter was.

Historically, employers have sought to rely on the authority of J v DLA Piper to argue that work related to stress could not amount to a disability as it was a reaction to an adverse life event, as opposed to an illness such as clinical depression – which is an impairment under the EqA. However, the ET has now stated that "there is no requirement for there to be a formal diagnosis of a mental illness in order for the Tribunal to be satisfied that there is a mental impairment causing a substantial adverse effect on a Claimant's ability to do day to day activities". The employee did not produce any medical evidence to support her claim. The ET was satisfied on the facts that the Claimant's inability to do day to day activities was significant as she described being unable to leave the house or socialise with others and stated that her sleep was often disrupted as a result of the work related stress she was struggling with.

Whilst neither Guernsey nor Jersey are automatically bound by ET decisions, this case is likely to have a strong bearing on any future cases considering the question of work related stress in either jurisdiction, particularly in cases where that work related stress has led to them being signed off work for a period of more than 6 months.

Although both jurisdictions have their own separate definitions of disability, there is a lower threshold for establishing a disability in Guernsey and Jersey and arguably both the dermatitis and the stress could be disabilities under local laws.

For those living in Guernsey, if someone is so stressed that they aren't able to think and operate normally, this could well fall under subsection (a) of the definition which is "total or partial absence of one or more of a person's bodily or mental functions". It could also fall under (e) "a condition, illness or disease which affects a person's thought processes, perception of reality, social interactions, emotions or judgement or which results in disturbed behaviour". This latter section could be particularly relevant for those employees where the effect of such alleged work related stress has led to breakdowns in employee relationships, arguments / discourse at work or general outbursts / inappropriate behaviours. This view is supported by the guidance issued by the Guernsey Employment and Equal Opportunities Service, which says that "stress will 'likely amount to a disability" and that the definition of disability "is not intended to be a high threshold".

In Jersey, in order to establish disability, an individual must show that they have a physical, mental, intellectual or sensory impairment which could affect a person’s ability to engage or participate in any activity in respect of which an act of discrimination is prohibited (including employment). Based on this case, and having consideration of the facts of Dunelm v Genda, it is likely that an employee would be able to show that work related stress could have an impact on their ability to carry out their work and therefore meet the definition of disability in Jersey.

Employers need to be mindful of the impact that work-related stress can have on an employee, not only in terms of day-to-day but from a wider discrimination perspective as well. Emphasis should always be on offering support and encouragement, but perhaps now with a greater consideration of additional support/adjustments that may need to put in place for those employees struggling with work related stress.

Both ACAS and CIPD have produced helpful guidance on how to manage stress in the workplace, reinforcing the message that workplace stress is an issue that every employer should take seriously. Every situation is different and needs to be taken on its own merits. So if in doubt, always seek specific legal advice from an early stage.