GP’s 'depression' decision could be crucial in a disability claim

Whether a person qualifies for protection under the Disability Discrimination Act 1995 (DDA) is potentially of great importance, given that compensation arising from a successful complaint is unlimited. The recent EAT decision in J v DLA Piper UK LLP (UK EAT/0263/09/RN) indicated the proper approach for tribunals to take on some of the key issues arising in cases of depression, where so much rests on the clinical assessment of the claimant’s condition. The decision also makes it clear that employers cannot easily discount a GP’s opinions.