McCubbin v Perth and Kinross Council: EAT 16 Oct 2013

EAT Disability Discrimination : Disability – The Claimant claimed that he had been discriminated against in respect of disablement. A Pre-Hearing Review was held to decide if he was disabled, and if the Respondent was aware of his disability. The Employment Tribunal held that the Claimant was disabled from 13 July 2010 to 25 September 2012, the latter being the date from which the Respondent conceded that the Claimant is disabled. It held that the Respondent knew actively or constructively from 25 September 2012 that the Claimant is disabled. The Claimant argued that the ET had applied the wrong test in respect of constructive knowledge. Held that the ET had erred in law in applying the wrong test. The question of the knowledge of the Respondent is to be determined at the full hearing.

Lady Stacey
[2013] UKEAT 0025 – 13 – 1610
England and Wales

Employment, Discrimination

Updated: 01 December 2021; Ref: scu.522349