Long-term stress does not amount to a disability without something else, according to the EAT in Herry v Dudley MBC.┬áThe Claimant asserted two disabilities: dyslexia and stress. The EAT considered the distinction between stress and mental illness: “Unhappiness with a decision or a colleague, or a tendency to nurse grievances or a refusal to compromise are not of themselves mental impairments.”


The Claimant failed to establish a mental impairment or to show substantial impact, presenting little or no evidence that his stress had any impact on normal day to day activities. The EAT noted conducting litigation and giving evidence at tribunal are not normal day to day activities because they do not affect participation in professional life.


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