This is an appeal from a preliminary hearing on the subject of disability. The tribunal found that the claimant was a disabled person by reason of physical impairment in terms of her breast pain, and stiffness of the right arm. The tribunal did not find that the claimant was disabled by reason of depression or fatigue. The appellant claimed that the tribunal had wrongly considered the cause of the latter in making its decision whereas the cause is irrelevant,
Properly read, the tribunal use cause as a determination of whether the fatigue which was being put forward as a potentially severable impairment was, in fact, part and parcel of the physical impairment and could not be treated separately or were linked with the other features. They found it to be the latter which is permissible as a matter of law.
Further the decision was not perverse.
Judges:
John Bowers QC, Deputy Judge of the High Court
Citations:
[2022] EAT 7
Links:
Jurisdiction:
England and Wales
Employment
Updated: 23 March 2022; Ref: scu.671590