EAT (Disability Discrimination : Exclusions/Jurisdictions) The first Employment Tribunal determined the Appellant was not a disabled person by reason of his hearing impairment. The second Employment Tribunal (following remission) determined the Appellant was a disabled person having regard to his left shoulder impairment, but that the cumulative effect of his hearing condition together with his shoulder impediment did not amount to a situation, independently from the disability arising from his shoulder condition, which involved a further physical impairment within the meaning of section 6 of the Equality Act 2010 at the material time. The Appellant appealed that decision. The Employment Appeal Tribunal determined that the second Employment Tribunal conducted the analysis in relation to the issue of combined effect that it was directed to do. Further it reached a permissible conclusion on the material before it, giving proper reasons for its conclusion. Appeal dismissed.
Supperstone J
[2016] UKEAT 0127 – 16 – 0610
Bailii
England and Wales
Employment
Updated: 26 January 2022; Ref: scu.572019
