Source: All England Reporter
Publisher Citation: [2002] All ER (D) 02 (Sep)
Court: Employment Appeal Tribunal
Judge:

Judge Reid QC, Mr J Shirley and Mr G Wright

Judgment Dates: 2 September 2002

Catchwords

Employment - Disability - Discrimination - Tribunal finding applicant's disability affecting ability to take part in sporting activities - Tribunal finding applicant to be disabled person within - Whether tribunal erring in approach.

The Case

In the instant case, the employment tribunal had expressly decided to disregard the guidance issued by the Secretary of State under s3 of the Discrimination Act 1995 on the basis that it did not reflect current society. In doing so the tribunal had erred in law. It was for Parliament to keep under review the appropriate boundaries of disabilities and not for individual employment tribunals to decide that existing guidance no longer reflected current society.

Practice Areas

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