Former employee lacks capacity to pursue disability discrimination claim
A tribunal has ruled that a former employee with Persistent Paranoid Delusional Disorder lacks the mental capacity to participate in his own disability discrimination case, ordering that he must have a litigation friend or legal representation.
1 min read · Last updated 18 May 2026
Case details
- #mental-capacity
- #psychiatric-report
- #litigation-friend
Key facts
- The claimant suffers from Persistent Paranoid Delusional Disorder.
- Dr Bashir's expert report found the claimant lacks capacity to participate in proceedings.
- The claimant accepted the expert findings at the hearing.
- The tribunal ordered that the claimant needs a litigation friend or representation.
Timeline
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Preliminary Hearing
EJ Smith ordered a psychiatric assessment of the claimant's capacity.
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Psychiatric interview
Dr Bashir interviewed the claimant.
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Expert report
Dr Bashir produced a report diagnosing Persistent Paranoid Delusional Disorder and opining that the claimant lacks capacity.
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Preliminary Hearing
EJ Cheetham KC heard the capacity issue and issued judgment.
The legal issue
The tribunal had to decide whether the claimant, who suffers from a serious mental illness, had the capacity to understand, retain, use, and weigh information relevant to his claim, and to communicate his decisions.
The outcome
The tribunal ruled that the claimant lacks capacity to participate in the proceedings.
Key reasons:
- An independent psychiatrist diagnosed the claimant with Persistent Paranoid Delusional Disorder.
- The expert report concluded that the claimant is unable to weigh relevant information due to his delusions and hallucinations.
- The claimant accepted the expert findings at the hearing.
No compensation was awarded as this was a preliminary hearing on capacity only.
Lessons & takeaways
- If you have a mental health condition that may affect your ability to conduct a tribunal claim, the tribunal can order a psychiatric assessment to determine your capacity.
- Being found to lack capacity does not end your case; the tribunal will require you to have a litigation friend or legal representative to continue.
- It is important to cooperate with expert assessments ordered by the tribunal, as they are designed to ensure a fair hearing for all parties.
This case illustrates how employment tribunals handle situations where a claimant's mental health may prevent them from effectively participating in proceedings. The claimant, a former employee of the London Fire Commissioner, had brought a disability discrimination claim. However, during a preliminary hearing, concerns arose about his ability to understand and engage with the legal process.
The capacity assessment
The tribunal had previously ordered a psychiatric assessment, and Dr Amir Bashir, a consultant psychiatrist, interviewed the claimant and prepared a detailed report. He diagnosed the claimant with Persistent Paranoid Delusional Disorder, a serious psychotic illness. Dr Bashir concluded that the claimant lacked capacity because his judgment was seriously affected by delusions and hallucinations, making him unable to weigh relevant information.
At the hearing, the claimant accepted the expert's findings and understood that he would need help to proceed. The tribunal formally ruled that he lacked capacity under the Mental Capacity Act 2005, meaning he cannot make decisions about the case on his own.
What this means for similar claims
The decision does not end the claim; instead, it ensures that the claimant receives appropriate support. The tribunal issued a case management order requiring him to obtain a litigation friend or legal representation before the case can continue. This safeguard is designed to protect the claimant's interests and ensure a fair hearing.
For anyone with a mental health condition considering a tribunal claim, this case shows that the tribunal will take steps to assess and accommodate your needs. It is important to engage with any expert assessments and to seek legal advice if you are unsure about your ability to manage the proceedings.