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RESEARCH / VERSION 1.1 / 16 OCTOBER 2026

Disability status is separate from proving discriminatory treatment

The 2024 preliminary judgment found disability and explained that a possible contribution from cannabis use did not exclude a separate impairment: addiction was not the impairment relied upon. It expressly left causation and employer knowledge unresolved. After the final hearing in 2026 the tribunal dismissed the claims.

FieldEvidence
Reference period2026-05-06
CoverageEngland and Wales
StatusFinal merits judgment following preliminary disability ruling
Source-check date2026-10-14
Case referenceAtherton v 3DGBIRE Ltd, 2409466/2023
Court / tribunalEmployment Tribunal (Manchester)
IssueSeparate impairment; cannabis-use argument; disability status versus liability
Actual dispositionDisability-related unfavourable-treatment, indirect-discrimination, reasonable-adjustment and breach-of-contract claims all dismissed on the merits on 6 May 2026. The earlier finding of disability was not itself a finding of discrimination.
Appeal / later history checkedBoth the preliminary ruling and the later final judgment/reasons have been verified. Any subsequent appeal has not been verified.
Authority levelEmployment Tribunal — first instance
Addiction / medication scopeSubstance-use argument about a separate impairment; addiction was not the impairment relied upon.
Targeted history checkOfficial case page checked 16 October 2026; no later appellate result verified.
First-instance status findingPossible harmful cannabis use did not exclude a separate impairment; the tribunal found disability on the evidence. [Source: Preliminary judgment, 31 July 2024, paragraphs 15–20]
Express limit of determinationThat preliminary finding did not decide whether falling asleep arose from disability or establish employer knowledge. [Source: Paragraph 21]
Operative dispositionThe later tribunal dismissed all four groups of claims on their merits. [Source: Final judgment, 6 May 2026, operative paragraphs 1–4]

Paragraph-backed propositions

Interpretation limits

First-instance decisions. This is not a finding that cannabis addiction qualifies as disability, nor that disability-status success establishes employer liability.

Sources

Cite this record

Civil Liberties Action (2026). Addiction and employment law: Disability status is separate from proving discriminatory treatment. Record case-atherton-2026, version 1.1, 2026-10-16. https://cla-political-finance.copperchime4.chatgpt.site/databases/releases/2026-10-16-v1.1/records/cases/case-atherton-2026.html

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