Addiction and disability

Case 2: The facts

Tobias Mason had recently started a new job when he was forced to take time off as a result of depression and drug addiction.

By failing to disclose his true medical condition, he persuaded his employers to give him a higher entitlement to sick pay than was provided under his contract.

When his employers eventually found out, they dismissed him.

The ruling

The EAT held that the dismissal was unfair and discriminatory. Although addiction is not defined as a disability under the Act, the resulting depression could amount to a disability.

Mason's employers had failed to make adjustments to take account of his disability, and had dismissed him in an unreasonable manner.

Hutchinson 3G v Mason EAT/0369/03