Teacher Wins £137,000 for Mental Health Disability Discrimination | Consensus HR Herts & Beds

⚖️ School Ordered to Pay £137,000 for Failing to Make Reasonable Adjustments | Consensus HR – Herts & Beds

A recent Employment Tribunal has awarded a teacher £137,000 in compensation after her school failed to make reasonable adjustments for her disability.

The tribunal heard that the teacher suffered from depression and anxiety, which affected her ability to attend work. Rather than offering support or adjustments, the school chose to discipline her for absence and performance issues, ultimately leading to her resignation.

The Tribunal found that the school had breached its duty under the Equality Act 2010 to make reasonable adjustments once it became aware — or should have been aware — of her condition.

💭 Mental Health and Disability Discrimination

This case highlights an important reminder for all employers:
Disability discrimination is not limited to physical impairments.

Under the Equality Act 2010, a disability is defined as a physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities.
Conditions such as depression, anxiety, or stress-related illnesses can therefore meet this definition, depending on the impact on the individual.

A key principle that often catches employers out is the “ought to have known” test. In Gallop v Newport City Council, the Court of Appeal made clear that an employer cannot rely solely on an occupational health report stating that an employee is not disabled if other evidence indicates otherwise.

✅ Practical Steps for Employers

To avoid similar costly claims, employers should:

• Take any mention of a health condition seriously, even if raised informally.

• Seek medical or occupational health advice early — and review it critically rather than accepting it at face value.

• Engage in open dialogue with the employee about what adjustments might help.

• Consider and implement reasonable adjustments before commencing any disciplinary or capability procedures.

• Train managers to recognise when support, rather than discipline, is appropriate.

🧠 The Cost of Inaction

As this case demonstrates, a lack of early engagement and understanding can prove extremely costly — both financially and reputationally.
Employers who fail to identify and act on mental health conditions risk breaching the Equality Act and facing significant tribunal awards.

Early, empathetic management and a fair process cost far less than an Employment Tribunal claim.

💬 Matthew Chilcott, Owner of Consensus HR, comments:

“Mental health remains one of the most misunderstood aspects of workplace management. Employers must remember that conditions such as depression, anxiety, and stress-related illnesses can be legally recognised as disabilities under the Equality Act 2010.

Supporting employees through reasonable adjustments, open communication, and genuine empathy is not only the right thing to do — it’s also good business practice. Prevention and early intervention are always preferable to facing an Employment Tribunal claim.

At Consensus HR, we are increasingly working with companies that are managing employees with recognised disabilities. In these cases, it’s essential that employers request the employee’s consent to obtain an Occupational Health Assessment or GP report. This ensures that any decisions are based on professional medical advice rather than assumptions.

As I always remind our clients, we are HR and Employment Law experts — not medical professionals. Seeking the right medical guidance is crucial to ensure the correct action is taken, to avoid misunderstandings, and to protect both the employee and the business. Failing to do so can have serious consequences, as disability discrimination claims under the Equality Act 2010 are uncapped.”

📞 If your business needs support managing sickness absence, disability adjustments or mental health in the workplace, contact our team at Consensus HR. We help employers stay compliant with UK Employment Law and build supportive, productive workplaces.

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