The Employment Appeal Tribunal (EAT) has held in Wood v Durham County Council that it is not disability discrimination to dismiss an employee with Post Traumatic Stress Disorder (PTSD) and associated amnesia for shoplifting. This is because the employee was dismissed due to their tendency to steal, and as this is an excluded condition, he did not have a claim for disability discrimination for the purposes of the Equality Act.

This decision serves as a reminder that not every condition an employee suffers from will be recognised and that there are a number of excluded conditions, such as: addiction to nicotine, alcohol or any other substance.