Notwithstanding a Tribunal’s colloquial use of the term ‘necessarily’ in the context of determining the date on which a Claimant fell to be assessed as disabled, in accordance with section 6(1) Equality Act 2010 (and in particular as to when it was likely that the substantial adverse effects of the Claimant’s impairment would last for 12 months or more) it had correctly applied the test as set out SCA Packaging Ltd v Boyle [2009] ICR 1056 HL, in which ‘likely’ was defined as something which could ‘could well happen’.
Citations:
[2018] UKEAT 0092 – 18 – 3008
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 11 July 2022; Ref: scu.630722