May v Secretary of State for Transport: EAT 22 Jun 2015

EAT Disability Discrimination: Disability – The Claimant claimed to have been disabled by reason of suffering cognitive impairment and memory loss. The medical evidence was at best equivocal and evidence from lay witnesses was conflicting. The Employment Tribunal had given itself a proper direction as to the law, and was not satisfied that the Claimant had established that he suffered from a disability within the meaning of the Equality Act 2010. There was evidence to support the findings of the Employment Tribunal which had considered the cumulative effect of the various complaints made by the Claimant and had not formed a favourable view as to his credibility. The appeal was, in essence, a perversity appeal which failed to reach the high threshold for such appeals. Appeal dismissed.

Serota QC HHJ
[2015] UKEAT 0270 – 14 – 2206
Bailii
Equality Act 2010
England and Wales

Employment, Discrimination

Updated: 01 January 2022; Ref: scu.549360