EAT DISABILITY DISCRIMINATION – Disability
Disabled person – section 6 Equality Act 2010
At a Preliminary Hearing, the ET had held that the Claimant was at all material times a disabled person within the meaning of section 6 of the Equality Act 2010. On the Respondent’s appeal and the parties having agreed terms of a consent Order by which the appeal should be allowed.
Held:
Allowing the appeal.
The question for the ET was whether – on a predictive basis – the effect of the Claimant’s impairment was likely (i.e., so ‘it could well happen’ SCA Packaging Ltd v Boyle [2009] ICR 1056) to last for at least 12 months, based on the evidence of circumstances prevailing at the date of the discriminatory act relied on, not subsequent events (applying McDougall v Richmond Adult Community College [2008] ICR 431).
Notwithstanding obtaining further explanation from the ET under the Burns/Barke procedure, the parties were left not understanding the basis of the Judgment reached.
The appeal should be allowed. Further, following agreement between the parties that the Claimant should be held to have been disabled from 13 July 2012 (a date justified by the evidence) the ET’s finding would be set aside and substituted by the conclusion that the Claimant was disabled, for the purposes of the Equality Act, as from 13 July 2012.
Eady HHJ
[2016] UKEAT 0341 – 14 – 2202
Bailii
Equality Act 2010 6
England and Wales
Employment, Discrimination
Updated: 17 January 2022; Ref: scu.565101