The Appellant appealed a decision of the employment Appeal Tribunal which upheld an Employment Tribunal’s decision to dismiss his claim for disability discrimination. The Appellant complained of work related stress.

The Respondent occupational health advisors acknowledged this illness however said he was not disabled as he was not suffering from a depressive illness. The Appellants doctors then diagnosed him with ‘reactive depression’. The Appellant informed the defendant of his diagnosis in a grievance letter. During the course of the next two years the Appellant had long periods of absence due to work-related stress. During this time the defendant asked the occupational health advisers whether or not the Disability Discrimination Act 1995 applied to the Appellant. On several occasions they