The Employment Tribunal found that the claimant, who suffered from essential hypertension but had advised his employer the respondent that he had no disability, was not, on the evidence led a disabled person and that the respondent did not know and could not reasonably have been expected to know of any disability.
On the claimant’s appeal, held :-
(1) That the claimant had failed to lead evidence of what particular day to day activities would be affected by his condition. It was not in dispute that working night shift could be a normal day to day activity (Chief Constable of Dumfries and Galloway Constabulary v Adams UKEAT/0046/08) but that did not assist the claimant in the absence of evidence of what he found difficult or couldn’t do as a result of his admitted impairment. The Tribunal had correctly concluded that he had failed to discharge the burden of proof on him to do so, and
(2) In any event, even had the claimant proved that he was disabled, the Tribunal’s conclusion on constructive knowledge was one that it was entitled to reach, having balanced the relevant factors for and against such knowledge and finding that such evidence as there was supporting constructive knowledge was insufficient to draw the necessary inference.
Appeal dismissed.
Citations:
[2018] UKEAT 0002 – 17 – 1707
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 11 July 2022; Ref: scu.625447