EAT Disability Discrimination
A Claimant suffered from PTSD, diagnosed in 2004. She had suffered episodes of stress thereafter, causing symptoms, which she attributed to her PTSD. Psychiatric evidence differed as to whether these were recurrent episodes of PTSD or separate short-lived events of stress-related symptoms. The Employment Judge held it was the latter. However, though rejecting an underlying condition throughout the Claimant’s employment he indicated that she might have had sufficient symptoms for part of her time in employment to qualify as a disability, and on one reading of his Reasons rejected the conclusion that she did only because he adopted the wrong standard of proof. Held that in context he had not erred in that way, and had actually concluded that there was sufficient evidence for him properly to conclude that the Claimant had been disabled for part of the time, and indeed when she had been so.
Judges:
Langstaff P J
Citations:
[2013] UKEAT 0383 – 12 – 0802
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 17 November 2022; Ref: scu.472844