The EAT upheld the decision of an Employment Tribunal that the claimant had not shown that her disability was likely to recur. However: ‘In considering whether during a particular period in the past, a substantial adverse effect was likely to recur a tribunal is of course entitled to look at the evidence of what occurred during that period. In particular, if it is said that an effect was likely to recur because certain circumstances would be likely to trigger it, a tribunal is entitled to consider whether those circumstances occurred during the period and whether the substantial adverse effect did recur. Such evidence is not necessarily conclusive. It is for the tribunal to assess’.
Judges:
His Hon Judge Richardson
Citations:
UKEAT/484/03, [2004] IRLR 540, [2004] UKEAT 0484 – 03 – 1802, [2004] ICR 909
Links:
Statutes:
Disability Discrimination Act 1995
Cited by:
Cited – Richmond Adult Community College v McDougall CA 17-Jan-2008
The claimant had been offered and had accepted a job subject to satisfactory health clearance. When that was not received her offer was withdrawn. She had suffered a condition which would affect her daily activities, but had recovered from that . .
Considered – Sussex Partnership NHS Foundation Trust v Norris EAT 30-Oct-2012
EAT Disability Discrimination – Disability – The effect of an impairment may be direct or indirect. However, the majority of the Employment Tribunal erred in holding that the deduced effect of the Claimant’s . .
Lists of cited by and citing cases may be incomplete.
Discrimination, Employment
Updated: 11 July 2022; Ref: scu.256719