EAT The Claimant claimed that she was disabled within the meaning of the Disability Discrimination Act 1995. She claimed she was suffering from carpal tunnel syndrome, which was accepted. She also complained she was suffering from a mental impairment, i.e ‘stress’. Before the Employment Tribunal she failed to adduce any medical evidence beyond certain brief Occupational Health reports, despite being offered an adjournment to enable her to have the opportunity to so. The Chairman, who sat alone found on the evidence that she had not shown she had suffered substantial and long-term effects on her ability to carry out her normal day to activities. He was also not satisfied on the evidence that she suffered from a clinically recognised mental illness. The EAT held that the decision of the Chairman was one he was entitled to come to on the facts and evidence before him. In relation to mental illness a Claimant must do more than claim to be suffering from a generic condition such as ‘stress’ but must go further and produce some evidence, preferably medical evidence, as to a particular condition from which he or she may be said to suffer.
Judges:
Serota QC J
Citations:
[2006] UKEAT 0602 – 05 – 1809, UKEAT/0602/05
Links:
Statutes:
Disability Discrimination Act 1995
Employment, Discrimination
Updated: 07 July 2022; Ref: scu.245020
