In December 2001 the EAT reiterated an important point noted elsewhere in this program (see Stress/damages claims for stress ) that it is not enough for an employee merely to prove "stress" to support a disability discrimination claim.

A Mrs Samantha Morgan, who worked in the catering department at Staffordshire University, claimed constructive dismissal, later adding a claim of disability discrimination, after she had resigned in consequence of an assault at work by her (female) supervisor. In that case the EAT gave detailed guidance as to what consitutes a mental impairment for purposes of the Disability Discrimination Act 1995 specifically pointing out that "stress" on its own is not such an impairment ( Morgan v Staffordshire University EAT 2001 reported at [2002] IRLR 190 and see notes at Disability Discrimination/meaning of disability ).

Since 5th December 2005 that guidance has to be read in the light of the changes to disability discrimination law made by the Disability Discrimination Act 2005 which removed the requirement that for a mental illness to be a disability within the meaning of the DDA 1995 it had to be a condition which is clinically well-recognised (see notes at Acts of Parliament etc/Disability Discrimination Act 2005 ).

For further detail see notes at other headings under main heading Stress , notably notes at Stress/damages claims for stress .