RESEARCH / VERSION 1.1 / 16 OCTOBER 2026
Coexisting mental-health disability and a supported return to work
On the medical and other evidence, the tribunal found a qualifying mental-health disability despite alcohol and prescription-medication misuse. It found that the employer ought reasonably to have known of the disability and upheld claims concerning discrimination arising from disability, reasonable adjustments and constructive unfair dismissal.
| Field | Evidence |
|---|---|
| Reference period | 2021-02-10 |
| Coverage | Scotland |
| Status | Final merits and remedy judgment |
| Source-check date | 2026-10-14 |
| Case reference | Morgan v Clearwater Fire Ltd and others, 4103070/2019 |
| Court / tribunal | Employment Tribunal (Scotland, Aberdeen) |
| Issue | Coexisting mental-health impairment; employer knowledge; reasonable adjustments |
| Actual disposition | Claims under Equality Act sections 15, 20 and 21 and constructive unfair dismissal succeeded against the company; compensation was £20,727.46. Harassment and claims against the individual respondents were dismissed. |
| Appeal / later history checked | Final first-instance judgment verified; later appeal or reconsideration outcome has not been verified. |
| Authority level | Employment Tribunal — first instance |
| Addiction / medication scope | Separate qualifying mental-health impairment despite alcohol and medication misuse. |
| Targeted history check | No subsequent appellate outcome verified. Do not use this case to assert that substance misuse alone is protected. |
| First-instance findings | The tribunal found a qualifying mental-health disability and constructive employer knowledge on the medical, functional and communication evidence. [Source: Paragraphs 217–218] |
| Operative disposition | Section 15, adjustment and constructive-dismissal claims succeeded against the company. Harassment and individual-respondent claims failed; the total award was £20,727.46. [Source: Paragraphs 257–259] |
Paragraph-backed propositions
- The tribunal found a qualifying mental-health disability and constructive employer knowledge on the medical, functional and communication evidence. Paragraphs 217–218 (First-instance findings)
- Section 15, adjustment and constructive-dismissal claims succeeded against the company. Harassment and individual-respondent claims failed; the total award was £20,727.46. Paragraphs 257–259 (Operative disposition)
Interpretation limits
First-instance decision on detailed evidence; it does not establish that substance misuse by itself is a disability. The 2019 preliminary decision was followed by this final judgment and should not be counted as a second independent case.
Sources
- HMCTS: Morgan v Clearwater Fire Ltd and others, final judgment — Operative judgment (PDF pp. 1–2); paragraphs 217–218 and 257–259.
- First-instance findings — Paragraphs 217–218
- Operative disposition — Paragraphs 257–259
- Preliminary strike-out decision — Same dispute, not an additional independent case. Located via official-domain search; current 2021 final judgment is the controlling recorded outcome.
Cite this record
Civil Liberties Action (2026). Addiction and employment law: Coexisting mental-health disability and a supported return to work. Record case-morgan-2021, version 1.1, 2026-10-16. https://cla-political-finance.copperchime4.chatgpt.site/databases/releases/2026-10-16-v1.1/records/cases/case-morgan-2021.html
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