The EAT decided that where there was no evidence that demonstrated that an employee was suffering from a disability at the time the alleged act of discrimination occurred, the ET was entitled to consider evidence of disability more generally and to infer from that evidence that the disability existed at the relevant time. The E.A.T. further decided that when the EJ had to decide a question that was to a large extent a medical question, the E.A.T. should not be swift to overturn such a decision provided it was clear that all evidence relevant to the issue had been placed before the EJ and the EJ had considered the relevant material.
Citations:
[2020] UKEAT 0023 – 20 – 2205
Links:
Jurisdiction:
England and Wales
Employment
Updated: 04 December 2022; Ref: scu.661649
