Law queries

We have a member who suffers from clinical depression brought about through alcohol abuse. His employer says that there is no obligation to make adjustments to allow him to continue in work because alcohol abuse is specifically excluded from the definition of a disability under the Disability Discrimination Act 1995. Is there any way round this?

The EAT has held that if an employee suffers from depression which has a long-term adverse affect on his ability to carry out normal day-to-day activities it comes within the definition of a disability. The fact that it may have arisen due to alcohol addiction is not relevant once a tribunal has established that there is a disability.

More information: Power v Panasonic [2003] IRLR 151