Employment Partner Paul Burton looks at a recent case where it was found that paranoid delusions did not come under the definition of a disability.
Paul outlines the ins and outs of the case, discussing the key takeaways for employers.
Sullivan v Bury Street Capital Ltd
In Sullivan v Bury Street Capital Ltd the Court of Appeal (CA) has upheld an employment tribunal’s decision that paranoid delusions were not a disability under the Equality Act 2010.
Mr Sullivan was employed as a senior sales executive and right from the beginning of his employment he clashed with the company’s chief executive.
This was as a result of Mr Sullivan’s poor timekeeping, attendance and record-keeping.
Psychological issues effecting work
Things then deteriorated following a short relationship with a Ukrainian woman, when Mr Sullivan became convinced he was being monitored by a Russian gang connected to her.
The company became aware of Mr Sullivan’s psychological issues by July 2013 and saw that he suffered from shaking and sweating and that he seemed extremely paranoid.
He said he could not sleep and his timekeeping and attendance became even worse.
Paranoia subsiding over time
However, by September 2013, when Mr Sullivan went on a business trip with the chief executive, he was performing better and it seemed his condition had improved.
In early 2014 both his doctor and psychologist noted the improvement.
Mr Sullivan said he still thought about the Russian gang monitoring him but managed to ignore the thoughts and get in with his life.
Continued poor performance at work & dismissal
Over the next three years or so Mr Sullivan’s timekeeping and attendance were still poor, but he did not comment about the Russian gang to the company.
The chief executive eventually lost patience over Mr Sullivan’s poor performance and dismissed him in September 2017.
Disability discrimination claim
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