DISABILITY DISCRIMINATION – Disability
The Claimant brought proceedings on 11 September 2017 for disability discrimination and harassment based on actions of her employer Tesco which took place from September 2016. The EJ decided as a preliminary issue that the Claimant was disabled at the relevant time, finding that from 6 September 2016 she suffered an impairment (namely depression) which had a substantial adverse effect on her ability to carry out normal day-to-day activities and which was long-term under para 2(1)(a) of Schedule 1 to EqA 2010 because by September 2017 it had lasted 12 months.
Tesco appealed on the basis that in order to claim disability discrimination or harassment the claimant must be disabled at the time of the relevant act and that para 2(1)(a) of Schedule 1 to EqA 2010 required the effect of the impairment to have lasted 12 months before she could be said to be disabled. The EAT held that it was clear on the wording of the para that Tesco were right and that the Claimant was only disabled and could only bring claims as from 6 September 2017.
Citations:
[2019] UKEAT 0167 – 19 – 1911
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 26 November 2022; Ref: scu.650907