Not in the case of Sullivan v Bury Street Capital
Paranoid Delusions
In 2013 Mr Sullivan suffered from paranoid delusions. He claimed that he was stalked by a Russian gang which affected his time keeping and attendance at work. Mr Sullivan’s paranoid delusions fluctuated over the years, however it got worse in 2017 which started to impact his day to day activities. Due to Mr Sullivan’s erratic behaviour, his employment was terminated on September 2017. Mr Sullivan raised an unfair dismissal claim as well as a disability discrimination claim.
The equality act 2010
It is important to note, if the employer had any prior knowledge of a potential disability, it is their duty to investigate through a medical report. The definition of disability within the meaning of the Equality Act is if they have a physical or mental impairment which has a substantial long-term adverse effect on their ability to carry out normal day-to-day activities. An impairment will be deemed long term if: (i) it has lasted for at least 12 months; (ii) it is likely to last for at least 12 months; or (iii) it is likely to last for the rest of the person’s life. (Source)
Disability Discrimination
Mr Sullivan claim for unfair dismissal was successful, however his claim for disability discrimination failed on a number of points. The Employment and appeal tribunal stated under the definition of the Equality Act, Mr Sullivan was not disabled. Though he did suffer from paranoid delusions but it was not considered a long term mental health impairment and did not have an adverse effect on his ability to carry out normal day to day activities. His previous episodes never lasted more than 12 months and furthermore, the employer did not have any constructive knowledge about his disability.
This case is important to all employers because it could have gone the other way and won by the employee. The lesson learnt here is that employers must continue to observe their employees’ behaviour and mental health. If unsure and, with consent from the employee, employers are encouraged to seek medical report for clarity on a potential disabled condition.
The article is for general information purposes only and should you require any further assistance on the matter please do not hesitate to call our advice-line team on 01455 852028.
