The Department for Work and Pensions v Conyers: EAT 5 Nov 2014

EAT Disability Discrimination: Disability – PRACTICE AND PROCEDURE – Perversity – Disability – whether evidence to support finding – The Claimant had two periods of absence during the latter part of her employment. She had conceded in her witness statement and evidence that she was not a disabled person for the purposes of the Disability Discrimination Act 1995 during the first period. However the Employment Judge found she was a disabled person during both periods. It was argued by the Respondent that there was no evidence of substantial adverse effects in respect of the first period capable of justifying the Employment Judge’s finding. The parties could not agree what evidence had been given during the Employment Judge’s questioning of the Claimant at the end of her evidence. The appeal was adjourned and the Employment Judge’s note obtained.
Held: there was indeed no evidence justifying the Employment Judge’s finding in respect of the first period.

David Richardson HHJ
[2014] UKEAT 0375 – 13 – 0511
Bailii
England and Wales

Employment

Updated: 23 December 2021; Ref: scu.538460