Addiction and disability

The Employment Appeal Tribunal (EAT) has held that the dismissal of a worker who had taken time off work as a result of depression and drug addiction was unfair and discriminatory.

Although addiction is not defined as a disability under the Disability Discrimination Act 1995, the depression that was a result of the addiction could amount to a disability.

The employers had a legal obligation to make adjustments to take account of the worker's disability. They had not done so and the dismissal was therefore discriminatory.

* Hutchinson 3G v Mason EAT/0369/03