Diana Kloss considers the case of Herry v Dudley Metropolitan Council, in which an employee who had been absent for more than two years with ‘stress’ was held not to have a disability within the Equality Act.
The Equality Act no longer requires that a mental health issue be a clinically recognised illness in order to be a disability within the Act. Diana Kloss considers what factors influenced the appeal tribunal in finding that the claimant in Herry nevertheless did not have a disability.
She also points up the importance of seeking to resolve grievances promptly rather than allowing them to fester.
Read the full blog.