Source: All England Reporter
Publisher Citation: [2002] All ER (D) 181 (Nov)
Court: Court of Appeal, Civil Division
Judge:

Simon Brown and Clarke LJJ

Representation Thomas Kibling (instructed by the Disability Law Service) for the employee.
  Stephen Fletcher (instructed by Deborah Holmes) for the employer.
Judgment Dates: 13 November 2002

Catchwords

Employment - Unfair dismissal - Disability discrimination - Deduced effects of impairment - Sufficiency of evidence - Applicant in person - Approach of tribunal - s 1, Sch 1, para 6.

The Case

In a deduced effects case, the question to be asked by an employment tribunal to determine whether an employee was suffering from a disabling condition for the purposes of s1 of and para6 of Sch1 to the was whether but for the treatment the employee would have been suffering the relevant effect at the relevant date. Moreover, it was appropriate for the employee to be required to prove alleged disability with particularity and to provide medical evidence.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.