Is Depression a Disability? What You Need to Know for Work, Rights & Support

You might wonder: is depression a disability in the UK? Many people struggle with this question—especially when balancing work and health. The short answer: yes, in many cases it can be. But the details matter. 

In this article, we’ll explore how depression fits under UK law, what protections you have, how employers must respond, and practical steps for navigating work life with depression.

When Does Depression Count as a Disability?

Under the Equality Act 2010, depression may qualify as a disability if it meets certain criteria. In legal terms, a disability is defined as a physical or mental impairment that has a substantial, long-term adverse effect on someone’s ability to carry out normal day-to-day activities.

In guidance published by the UK government:

“A mental health condition is considered a disability if it has a long-term effect on your normal day-to-day activity.” GOV.UK

“Long-term” generally means it has lasted, or is likely to last, 12 months or more.

Crucially, when assessing whether depression is a disability, courts will consider how you function without the mitigating effect of treatment, i.e. whether the impairment would be substantial even without medication or therapy.

How Common Is It, and Why It’s Rising

Depression is widespread. In England, 1 in 6 adults reported moderate to severe depressive symptoms in Autumn 2022. Among those, people who are disabled are overrepresented. 35% of those reporting depressive symptoms also identify as disabled.

The number of disabled people whose main disabling condition is mental health has surged. Between 2013/14 and 2023/24, mental health conditions (including depression, anxiety, “bad nerves”) as primary disabilities increased by 1.2 million people. That’s a staggering 97% rise.

This trend reflects broader pressures: rising mental health challenges, increased awareness and willingness to report symptoms, and the lasting effects of pandemic stress. According to mental health trend analysis, the working-age population receiving antidepressants increased from 6.8 million in 2015/16 to nearly 9 million by 2023/24.

Your Rights at Work

If your depression qualifies as a disability under the Act, you are entitled to protection from discrimination and access to reasonable adjustments at work.

Here’s what “rights at work” means in practice:

• Non-discrimination: Employers can’t treat you less favourably due to your depression.
• Adjustments: Your employer must consider adjustments that remove or reduce the disadvantage you face because of your condition.
• Protection whether or not symptoms are constant: Even if your depressive symptoms vary over time, the law recognises fluctuating conditions as potentially disabling.
  

Of course, not every case of depression qualifies. Mild, short-lived depressive episodes that do not substantially impact daily life might not meet the threshold.

Many trade unions point out that when a clinical diagnosis of depression is established, it often “meets the definition without question.”

Reasonable Adjustments for Depression

What might adjustments look like for someone living with depression? The specifics depend on individual circumstances, but common adjustments include:

• Flexible start or finish times
• Allowing breaks or rest periods
• Remote or hybrid working, especially on difficult days
• Time off for medical appointments
• Reduced workload during recovery periods
• Access to a quiet or low-stimulation workspace

Employers should treat these adjustments seriously—as rights, not perks. Acas underscores that mental health problems can qualify as disabilities and require reasonable adjustments just like physical conditions.

You may also want a Workplace Adjustment Passport to record agreed changes so you don’t have to repeat requests when changing roles or managers.

Managing Depression at Work: Practical Tips

Knowing your rights is one thing. Living with depression while working is another. Here are four strategies people with lived experience often share:

1. Plan for “down” days

Anyone who suffers from depression will know that there can be good days and there can be bad days. As such, it’s wise to keep medication, comforting items, or a backup plan (like remote work) ready.

2. Talk to someone you trust

Whether or not you disclose your disability to your employer is completely up to you. That said, informing a supportive manager or HR contact can help with adjustments.

3. Break tasks into chunks

Large workloads can feel overwhelming. In situations like this, it helps to take smaller steps and frequent short breaks. Along with task prioritisation, you’re a lot less likely to feel overwhelmed by work..

4. Mind your boundaries

Balancing workload with self-care is key. If you feel like the balance is tipping against you, remember that pushback is okay. It’s all about keeping communication lines open.

These kinds of practices can help you maintain stability and dignity at work.

Support Beyond the Workplace

Work life doesn’t exist in isolation. You might also access:

• Welfare benefits and support (e.g. ESA, Universal Credit)
• Mental health treatment – counselling, therapy, medication, and considering how these affect your work capacity
• Disability employment schemes, such as Access to Work, for help with adjustments you or your employer can’t fund
• Peer and support networks – remember: you’re not alone
  

Having that ecosystem of care and flexibility makes a big difference.

When Depression Isn’t Recognised

Sometimes, despite best efforts, your depression might not be legally recognised as a disability. That doesn’t mean you have zero protection or support. You can still explore:

• Reasonable accommodations as a compassionate employer extension
• Flexible leave policies
• Mental health policies that go beyond minimum requirements
• Clear grievance or escalation routes if mental health becomes a performance issue
  

Final Thoughts

So: is depression a disability? In many UK cases, yes. When it is long-term, substantial, and impacts daily life even after accounting for treatment. In those scenarios, you are entitled to protection and adjustments by law. Knowing this opens doors to more equitable work, less hidden stress, and better alignment between your health and your career.

For personalised support, head to our Careers with Disabilities Support Hub or browse our job board for roles with inclusive employers.