Stress short of mental illness not disability: EAT

In Herry v Dudley Metropolitan Borough Council (UKEAT/0100/LA), the Employment Appeal Tribunal held that long term stress does not, in itself, amount to a disability.

It was common ground that Herry was dyslexic and suffered from stress. He had not disclosed his dyslexia on appointment as a teacher, and had performed competently. He had made more than 90 complaints of race and disability discrimination against his employers and had been told by a variety of advisers that his claims had no likelihood of success. Nonetheless he pursued them.

The EAT found that although he was stressed, he was not mentally ill, and was thus not disabled. It further held that his dyslexia did not amount to a relevant disability. It sent the judgment back to the same employment tribunal to reconsider the award of costs.