EAT Disability Discrimination : A claimant suffered from a constellation of symptoms, causing significant difficulty in his day to day life, which could not be attributed to a recognisable pathological or mental cause, but were regarded as functional overlay, accentuated by his being obese (at 21.5 stones). The genuineness of the symptoms and their effects were not challenged. An EJ was held in error in concluding that because no physical or mental cause could be identified, therefore there was no disability within the DDA. He should have had regard to the effect of the impairments, not their cause (though the absence of an obvious cause might have evidential significance in an appropriate case if the genuineness of the symptoms was put in issue); should have considered the Guidance in the Code; and wrongly relied on authority which dated from the time when a recognised mental illness had to be shown before a mental impairment could be regarded as a disability, which has not been the case since 2005.
Judges:
Langstaff P J
Citations:
[2013] UKEAT 0097 – 12 – 0802
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 17 November 2022; Ref: scu.472846
