EAT Disability Discrimination : Disability
The Tribunal had to decide a preliminary issue as to whether the Claimant was under a disability. It was agreed that the Claimant had a mental disorder: the question was whether it had a substantial adverse effect. The Respondent took two points (1) the Claimant’s evidence related to a subsequent period and not to the relevant period (2) the Claimant’s evidence was untrue. The Employment Tribunal appears to have decided against the Claimant on point (1); but the evidence was not limited to the period after the relevant period and the decision could not stand. The ET made no decision on credibility, although it was substantively in issue.
Appeal allowed; issue remitted to new Tribunal.
J Burke QC
[2013] UKEAT 0456 – 12 – 1103
Bailii
England and Wales
Employment
Updated: 31 October 2021; Ref: scu.510267