The appellant appealed a finding that he had not been unfairly dismissed and had not sufferred discrimination for his disability. He said his case had been ambushed by the respondent being allowed, in closing, to raise matters to which he was given no right of reply.
Held: The issue had been raised on the first of a five day hearing, and the ground was without basis. Although the claimant suffered multiple sclerosis, the finding that he was not disabled was not perverse. The tribunal had rejected the applicant’s evidence of the extent of the symptoms he claimed. The impairment was one which might arise in future, but the medical evidence was inconclusive. The appeal was dismissed.
EAT Disability Discrimination – Disability
His Honour Judge J R Reid QC
EAT/462/00
England and Wales
Updated: 08 September 2021; Ref: scu.168439