A physical or mental impairment can only amount to a disability in employment law terms if its ill effects have lasted, or are likely to last, for at least 12 months. That principle was the focus of an unusual case concerning a sales executive who suffered paranoid delusions that he was being stalked by a Russian gang (Sullivan v Bury Street Capital Ltd).
The man formed his delusional belief after breaking up with a Ukrainian girlfriend. At work, it affected his timekeeping, attendance and record-keeping. His condition had a substantial adverse impact on his ability to perform his normal day-to-day activities for an initial period of 4-5 months. A period of respite followed and lasted more than three years. The harmful effects of his condition thereafter resurfaced and endured for a further period of about five months prior to his dismissal on grounds ostensibly related to his capabilities and attitude.
After he took action, an Employment Tribunal (ET) upheld his unfair dismissal claim but rejected his disability discrimination complaint. It found that the impairment of his abilities arising from his delusions was not long term in that it had neither lasted, nor was it likely to last, for 12 months or more. On that basis, the ET concluded that he was not disabled within the meaning of the Equality Act 2010.
The man challenged the ET’s ruling. However the EAT stated that the ET had made no error of law in concluding that the requirement in the statutory definition of disability that a condition be long term had not been met. The two periods during which his condition had substantial adverse effects on his abilities each lasted less than six months and the ET was entitled to find that in neither case was it likely that those effects would last for 12 months or that they would reoccur.
Contact Emma-Louise Hewitt e.hewitt@sydneymitchell.co.uk 08081668827 for individual advice on any discrimination issue.
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