The EAT gave guidance on the approach to be adopted in cases where a mental impairment is alleged by a complainant. After referring to paragraph 1 of Schedule 1 of the Act: ‘Accordingly, in general there will be three or possibly four routes to establishing the existence of ‘mental impairment’ within the [1995 Act], namely: (i) proof of a mental illness specifically mentioned as such in the World Health Organisation’s International Classification of Diseases . . (ii) proof of a mental illness specifically mentioned as such in a publication ‘such as’ that classification, presumably therefore referring to some other classification of very wide professional acceptance; (iii) proof by other means of a medical illness recognised by a respected body of medical opinion.’ A fourth, and rare ground also applied.
Judges:
The Honourable Mr Justice Lindsay (President)
Citations:
EAT/0322/00, [2002] IRLR 190, [2001] UKEAT 0322 – 00 – 1112, [2002] ICR 475
Links:
Statutes:
Disability Discrimination Act 1995 Sch 1
Jurisdiction:
England and Wales
Citing:
See Also – Morgan v Staffordshire University EAT 7-Jul-2000
. .
Cited by:
Cited – Council of the City of Manchester v Romano, Samariz CA 1-Jul-2004
The authority sought to evict their tenant on the ground that he was behaving in a way which was a nuisance to neighbours. The tenant was disabled, and claimed discrimination.
Held: In secure tenancies, the authority had to consider the . .
Cited – J v DLA Piper UK Llp EAT 15-Jun-2010
EAT DISABILITY DISCRIMINATION – Disability
Job offer to Claimant withdrawn allegedly as a result of her disclosing a history of depression – On a preliminary issue Tribunal holds that at the material time . .
Lists of cited by and citing cases may be incomplete.
Discrimination
Updated: 06 July 2022; Ref: scu.168471