EAT The Council appealed against a finding that the respondent, their employee, was disabled under the 1995 Act. He suffered from a long term mixed anxiety and depression disorder, but the Council disputed that it should have a substantial and long term adverse effect on his ability to carry out normal activities. The expert evidence was that he had no effect on his day-to-day activities by way of loss of concentration or memory.
Held: It was not clear whether the Tribunal had accepted or rejected the expert evidence. It had preferred the evidence of the claimant without giving proper consideration to the expert evidence, and the central conclusion that the claimant was prejudiced by te fear of being in crowds was not supported by any evidence. The appeal succeeded, and the case remitted.
Judges:
Burton P
Citations:
UKEAT/353/03, [2003] UKEAT 0353 – 03 – 0511
Links:
Statutes:
Disability Discrimination Act 1995 3 491)(g) 4(1)(h)
Citing:
Cited – Vicary v British Telecommunications Plc EAT 19-Feb-1998
A medical report in a disability discrimination claim should deal with the doctor’s diagnosis of the impairments, the doctor’s observation of the applicant carrying out day to day activities and the ease with which he was able to perform those . .
Cited – Goodwin v Patent Office EAT 21-Oct-1998
An ability to carry out normal domestic day to day tasks did not mean that a physical impairment was not substantial. The word ‘substantial’ is potentially ambiguous. In that it might mean ‘very large’ or ‘more than minor or trivial’. The code of . .
Cited – Greenwood v British Airways Plc EAT 17-Jun-1999
The tribunal considered a disability discrimination appeal.
Held: ‘In our judgment the tribunal fell into error by considering the question of disability only as at the date of the alleged discriminatory act. We are quite satisfied, as the . .
Cited – Meek v City of Birmingham District Council CA 18-Feb-1987
Employment Tribunals to Provide Sufficient Reasons
Tribunals, when giving their decisions, are required to do no more than to make clear their findings of fact and to answer any question of law raised.
Bingham LJ said: ‘It has on a number of occasions been made plain that the decision of an . .
Lists of cited by and citing cases may be incomplete.
Discrimination, Employment
Updated: 08 June 2022; Ref: scu.190545