Stress at work — can you make a tribunal claim?

Workplace stress is not a standalone tribunal claim — but it can form the basis of a powerful constructive dismissal claim, a disability discrimination claim, or both. Here is how.

Can I make an employment tribunal claim for stress at work?

Yes, but not for stress alone. Employment tribunals deal with the legal consequences of workplace stress — for example, if stress caused by your employer's conduct forced you to resign (constructive dismissal), if the stress amounted to disability discrimination, or if your employer failed to make reasonable adjustments for a mental health condition. Stress that causes a psychiatric injury may also form part of a personal injury claim in the civil courts.

What is the difference between a tribunal claim and a personal injury claim for stress?

Employment tribunals handle claims about how you were treated at work — dismissal, discrimination, breach of contract. Personal injury claims (in the civil courts) can be brought where employer negligence caused a recognised psychiatric illness. The two types of claim can sometimes be run together if the same conduct caused both the dismissal and the psychiatric injury.

Does stress at work count as a disability?

It can. Under the Equality Act 2010, a mental health condition (including depression, anxiety disorder, PTSD) is a disability if it has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities. If stress has led to a recognised mental health condition lasting or expected to last 12 months or more, you may be entitled to reasonable adjustments and protection from discrimination.

Can I claim constructive dismissal because of stress caused by my employer?

Yes. If your employer's conduct caused you such severe stress that continuing to work became intolerable, and you resigned as a result, you may have a constructive dismissal claim. You would need to show that the employer fundamentally breached your contract — most commonly the implied term of trust and confidence — and that this breach directly caused your resignation.

What evidence do I need to support a stress-related employment claim?

Useful evidence includes: medical records showing your diagnosis and treatment, GP notes or fit notes (sick certificates) referencing work-related stress, occupational health reports, correspondence with your employer about your workload or health, a grievance you raised about working conditions, and evidence that your employer knew about your condition but failed to act.

Can I be dismissed for taking sick leave due to stress?

Your employer can potentially dismiss you for absence due to stress, but only if they follow a fair process (including considering alternatives) and the dismissal is reasonable in all the circumstances. Dismissing you because of a disability-related absence is likely to be disability discrimination. If your stress amounts to a disability, your employer must also consider reasonable adjustments before dismissing you.

What is a "reasonable adjustment" for mental health at work?

Reasonable adjustments are changes an employer must make to remove or reduce a disadvantage caused by a disability. Examples for mental health conditions include: reduced or flexible working hours, a phased return to work after sick leave, reassignment to a different role or line manager, additional breaks, working from home, adjusted targets or deadlines, and regular check-ins or support meetings. Refusal to make reasonable adjustments is disability discrimination.

Stress at work — can you make a tribunal claim?

Last updated: April 2026

Three ways stress at work can lead to a claim

You cannot sue your employer simply for causing you stress. But stress caused by your employer's conduct can give rise to several legal claims:

1. Constructive dismissal

If your employer's conduct — overwork, bullying, hostile management, unfair treatment — caused such severe stress that you felt you had no choice but to resign, you may have a constructive dismissal claim. You must show the employer fundamentally breached your employment contract (most commonly by destroying the implied duty of trust and confidence) and that you resigned directly because of it.

2. Disability discrimination

If stress at work has caused or worsened a mental health condition (anxiety, depression, PTSD) that qualifies as a disability under the Equality Act 2010, you may have a discrimination claim. Your employer must not treat you unfavourably because of your disability, and must make reasonable adjustments to help you do your job. Failing to do so is discrimination — regardless of dismissal.

3. Personal injury (civil court)

Where an employer's negligence caused a recognised psychiatric illness (not just stress, but a clinical diagnosis), you may have a personal injury claim in the county or high court — separate from the employment tribunal. Time limits differ (usually 3 years from the date of knowledge) and specialist advice is recommended.

When does stress become a disability?

Under the Equality Act 2010, a mental health condition is a disability if it has a

adverse effect on your ability to carry out normal day-to-day activities. "Long-term" means it has lasted (or is expected to last) 12 months or more.

Less likely to qualify

Each case is assessed individually. A GP or psychiatrist's evidence is usually needed to establish disability at tribunal.

For employment tribunal claims (dismissal, discrimination) you must contact ACAS within

of the dismissal or discriminatory act. For personal injury claims in the civil courts, the usual limit is 3 years from the date of knowledge of the injury.

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Frequently asked questions

Constructive dismissal explained

What constructive dismissal is, how to prove it, and how to claim.

Disability discrimination at tribunal

Your rights under the Equality Act 2010 if you have a disability or long-term health condition.

Workplace bullying and tribunal claims

Whether and how workplace bullying can support an employment tribunal claim.

How to claim constructive dismissal

Step-by-step guide to making a constructive dismissal claim from resignation to ET1.

Dismissed for sickness absence

Your rights if you were dismissed because of sickness absence — including stress leave.

Employment tribunal time limits

The 3-month deadline explained — and what to do if you are approaching it.