A medical report in a disability discrimination claim should deal with the doctor’s diagnosis of the impairments, the doctor’s observation of the applicant carrying out day to day activities and the ease with which he was able to perform those functions, together with any relevant opinion as to prognosis and the effect of medication. Morison P said: ‘The fact that the medical adviser had been told on some disability discrimination course or seminar that something was or was not a normal day-to-day activity is not of relevance to the tribunal’s determination. It is not for a doctor to express an opinion as to what is a normal day-to-day activity. That is a matter for them to consider using their basic common sense. Equally, it was not for the expert to tell the tribunal whether the impairments which had been found proved were or were not substantial. Again that was a matter for the employment tribunal to arrive at its own assessment. What, of course, a medical expert was entitled to do was to put forward her own observations of the applicant carrying out day-to-day activities and to comment on the case or otherwise with which she was performing those functions. She obviously also was entitled to give any prognosis that might be relevant and to give an opinion as to the position about the effect of medication.’
Judges:
Morison P
Citations:
[1998] UKEAT 1297 – 98 – 1902, [1999] IRLR 680
Links:
Statutes:
Disability Discrimination Act 1995
Cited by:
Cited – Abadeh v British Telecommunications Plc EAT 19-Oct-2000
EAT The claimant appealed dismissal of his claim under the 1995 Act. He was a telephone operator injured after a sudden shriek in his ear. They had found him not to be disabled within the 1995 Act.
Held: . .
Cited – Paterson v Commissioner of Police of the Metropolis EAT 23-Jul-2007
EAT PART TIME WORKERS
A police officer was found by the Tribunal to be significantly disadvantaged compared with his peers when carrying out examinations for promotion. Nonetheless, the Tribunal held that he . .
Cited – East Sussex County Council v Hancock EAT 5-Nov-2003
EAT The Council appealed against a finding that the respondent, their employee, was disabled under the 1995 Act. He suffered from a long term mixed anxiety and depression disorder, but the Council disputed that . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 16 June 2022; Ref: scu.206184