Medical Reports for Employment Tribunals 2026. Disability Under the Equality Act, Workplace Stress and What the Evidence Must Show
In disability discrimination claims before the employment tribunal, the first question is frequently whether the claimant is disabled at all, and it is decided on medical evidence. Section 6 of the Equality Act 2010 defines disability as a physical or mental impairment that has a substantial and long-term adverse effect on the ability to carry out normal day-to-day activities. Each element has a specific meaning that a report must address directly. Substantial means more than minor or trivial, which is a low threshold that is often overstated. Long-term means the effect has lasted at least 12 months, is likely to last 12 months, or is likely to last for the rest of the person's life. And the provision most often missed, paragraph 5 of Schedule 1, requires the effect to be assessed as it would be without treatment or correction, apart from spectacles and contact lenses. A claimant whose depression is well controlled on medication may still meet the definition, because the question is the deduced effect without it. Cancer, HIV and multiple sclerosis are treated as disabilities from diagnosis. The Wellness Medico-Legal Wing prepares independent reports on disability status, causation of psychiatric injury, capacity for work, and reasonable adjustments, for claimant and respondent solicitors and as single joint experts, from £1,950 plus VAT. Fees appear further down this page.
Reviewed by the medical team at The Wellness. Last updated 1 September 2026.
Discuss an employment instruction on WhatsApp or email team@thewellnesslondon.com or call 020 3951 3429.
What the report must address on disability
The impairment itself, with a diagnosis where one can be made. A mental impairment no longer needs to be a clinically well-recognised illness, but a clear diagnosis with its basis stated makes the rest of the analysis far more persuasive.
The adverse effect on normal day-to-day activities, described concretely rather than in general terms. Activities such as concentrating, remembering, communicating, travelling, sleeping, washing, dressing, shopping, socialising and carrying out routine work tasks. The tribunal assesses what the person cannot do or can do only with difficulty, not what they can do, and the government guidance on the definition gives illustrative examples that a report should engage with.
Whether the effect is substantial, meaning more than minor or trivial, including the cumulative effect of several impairments and the effect of coping strategies that a person can reasonably be expected to use.
Whether the effect is long-term, addressing the 12-month test at the date of the alleged discrimination rather than with hindsight, and addressing recurring conditions, since an impairment that has ceased is treated as continuing if it is likely to recur.
The deduced effect under paragraph 5 of Schedule 1, stating what the effect would be without medication, therapy or other treatment. This single point decides a considerable number of preliminary hearings and is frequently left unanswered.
And the date of knowledge, where the question is what the employer knew or could reasonably have known, since a report can speak to how visible the impairment would have been.
Causation, capacity and adjustments
Psychiatric injury from workplace events arises in harassment, discrimination and whistleblowing claims, and in personal injury claims for stress at work. A report addresses diagnosis, the relationship between the events alleged and the condition, any pre-existing vulnerability, other contributing stressors, and prognosis. Where injury to feelings and personal injury are both claimed, the report helps the tribunal separate them, which matters because the Vento bands for injury to feelings and damages for psychiatric injury are assessed differently.
Capacity for work addresses whether the claimant could have returned, with or without adjustments, what the likely duration of incapacity was, and the prognosis for future employment, which feeds directly into loss of earnings.
Reasonable adjustments addresses what adjustments would have removed or reduced the disadvantage, which is where clinical evidence on the effect of the impairment becomes practical guidance on hours, workload, location, equipment and phased return.
In each, the report states clearly what is within the expert's expertise and what is not, and where a psychiatrist rather than a physician is required, the instruction says so at the outset.
Ask about a specific instruction on WhatsApp or email team@thewellnesslondon.com.
How tribunal expert evidence works
Expert evidence in the employment tribunal is controlled by the tribunal under its case management powers, and the Presidential Guidance on expert evidence sets expectations closely modelled on the Civil Procedure Rules. The expert's overriding duty is to the tribunal rather than to the party paying.
A single joint expert, instructed by both parties, is common for disability status and is frequently preferred by tribunals because it avoids competing reports. Where parties instruct separate experts, the tribunal will usually expect a joint statement identifying agreement and disagreement.
The letter of instruction should set out the issues, the agreed facts, the documents provided and the specific questions, and it should reflect the statutory definition rather than asking the expert whether the claimant is disabled in general terms, since that is ultimately a question for the tribunal.
The report states the expert's qualifications, the material relied on, the examination performed, the reasoning for each opinion, any range of opinion, and a statement of truth with a declaration of the duty to the tribunal. Questions to the expert and attendance at hearing are handled in the usual way.
What medical evidence is commonly missing
The deduced effect without treatment, which is the omission that most often loses or wins a preliminary hearing on disability.
A clear date-specific analysis, since the question is whether the claimant was disabled at the time of the acts complained of, not at the date of the report.
The distinction between an impairment and a reaction to adverse circumstances. Tribunals have drawn this line in low mood cases, and a report should address it directly rather than leave the tribunal to infer it.
Objective support. GP records, occupational health reports, fit notes, prescribing history and prior assessments, cross-referenced rather than summarised, so the opinion rests on the documentary record as well as the examination.
And an honest statement where the definition is not met, because a report that overclaims damages the credibility of everything else in it.
What do employment medical reports cost
Medico-legal reporting in London runs from around £1,500 plus VAT for a straightforward report to £5,000 and above for complex work. Consultant psychiatric reports for psychiatric injury commonly run £1,800 to £3,500 plus VAT. Occupational health reports run £250 to £800 but are not written to the statutory definition or with a duty to the tribunal. Tribunal attendance runs £2,000 to £4,000 per day. Below that sits a tier defined by its conditions rather than its price, template reports produced without examination or without addressing the deduced effect.
At The Wellness Medico-Legal Wing the instruction, the records review and the report are quoted as one figure. All figures are from prices, plus VAT.
Complex life expectancy report in catastrophic injury, from £5,450.
Clinical negligence report addressing breach and causation, from £4,950.
Complex multi-issue employment report addressing disability, causation, capacity and adjustments together, from £3,450.
Employment report with psychiatric input for psychiatric injury or mental impairment, from £2,950.
Disability status report under section 6 of the Equality Act 2010, including records review, examination, deduced effect analysis and a statement of truth, from £1,950.
Rebuttal report or joint statement, from £1,450. Written questions answered, from £650.
Records collection and chronology, from £395. Hourly rate for additional work, £450.
Tribunal attendance £3,500 per day and £2,250 for a half day. Expedited preparation within 5 working days, additional 50%.
Examinations at 10 Portman Square, Marylebone, by video where appropriate, or at the claimant's home where required, across England, Scotland and Wales.
Why The Wellness Medico-Legal Wing is the best choice for employment reports
Because the report is written to the statutory definition rather than to a clinical template. Each element of section 6 is addressed in turn, including the deduced effect under paragraph 5 of Schedule 1, which is the point most reports leave out.
Because the analysis is date-specific, addressing disability at the time of the acts complained of rather than at the date of examination.
Because psychiatric questions go to psychiatrists. Where the issue is a mental impairment or psychiatric injury, a consultant psychiatrist is instructed rather than a physician offering an opinion outside their field.
Because the report acknowledges what the definition does not cover. An expert who concedes where the test is not met is believed where it is.
And because we act for claimants and respondents and as single joint experts, which is the clearest evidence of independence available.
Related reading
The Wellness Medico-Legal Wing sets out the full service, instructing a medical expert witness covers the process, CICA medical reports covers criminal injury claims, and private mental health care covers the clinical side of psychiatric assessment.
Instruct a report on WhatsApp or call 020 3951 3429.
Frequently asked questions
How is disability defined for an employment tribunal
Under section 6 of the Equality Act 2010, a physical or mental impairment with a substantial and long-term adverse effect on the ability to carry out normal day-to-day activities. Substantial means more than minor or trivial, and long-term means lasting or likely to last at least 12 months or for the rest of the person's life.
Does treatment affect whether someone is disabled
Paragraph 5 of Schedule 1 requires the effect to be assessed as it would be without treatment or correction, apart from spectacles and contact lenses. A person whose condition is well controlled on medication may still meet the definition, and the report should state the deduced effect.
Which conditions count as a disability automatically
Cancer, HIV and multiple sclerosis are treated as disabilities from diagnosis. Certified sight impairment is also covered. Other conditions must meet the section 6 test.
Should we use a single joint expert
For disability status a single joint expert is common and often preferred by tribunals because it avoids competing reports. Where separate experts are instructed, the tribunal will usually expect a joint statement identifying agreement and disagreement.
How much does an employment tribunal medical report cost
At The Wellness Medico-Legal Wing a disability status report under section 6 is from £1,950 plus VAT, rising to £2,950 where psychiatric input is required and £3,450 for complex reports covering disability, causation, capacity and adjustments together.
Can the expert address reasonable adjustments
Yes, where instructed. The report can set out what adjustments would have removed or reduced the disadvantage caused by the impairment, including hours, workload, location, equipment and phased return, based on the clinical effect of the condition.
The Wellness Medico-Legal Wing provides independent medico-legal reporting from 10 Portman Square, Marylebone, London. All doctors are GMC-registered and reports follow the Presidential Guidance on expert evidence in the employment tribunal and the principles of Part 35 of the Civil Procedure Rules. Whether a claimant is disabled is ultimately a question for the tribunal. This article is general information and not legal advice about any particular case.
Enquire now on WhatsApp or email team@thewellnesslondon.com or call 020 3951 3429.
References. Equality Act 2010, section 6 and Schedule 1, including paragraph 2 on long-term effect and paragraph 5 on the effect of treatment. Guidance on matters to be taken into account in determining questions relating to the definition of disability, Office for Disability Issues. Presidential Guidance on expert evidence in the employment tribunals. Civil Procedure Rules Part 35 and Practice Direction 35. Published appellate authority on the distinction between impairment and adverse reaction to circumstances, and on the date at which disability is assessed. Vento v Chief Constable of West Yorkshire Police and subsequent Presidential Guidance on injury to feelings bands. Published 2026 UK medico-legal reporting market pricing.
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