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Disability Discrimination Update
April 2008
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Disability Discrimination:
Disability discrimination law, based on the Disability Discrimination Act 1995, has developed into a difficult and complex area of law. This case illustrates the current approach of tribunals.
P was employed as an area sales manager. When her workload was increased, she became ill. She suffered from depression and started to drink heavily. It was not clear whether her depression had caused her drinking, or whether alcohol addiction had resulted in depression. P was dismissed after being off work for a year. She complained of disability discrimination.
The employment tribunal dismissed her claim on the basis that addiction to alcohol, nicotine or any other substance is not to be regarded as an “impairment” which might give rise to disability discrimination.
P appealed to the Employment Appeal Tribunal (EAT). the EAT allowed the appeal because the employment tribunal had failed to consider whether P had a “disability”. The way in which a disability is caused is not relevant.