Whyte v First Capital East Ltd: EAT 22 Mar 2005

Disability Discrimination / Practice and Procedure
By a majority decision, new evidence was admitted on appeal.
ET did not err when it focused on and found at a preliminary hearing on disability no physical impairment pursuant to Directions given at a directions hearing and concluded in any event, there was no evidence of a mental impairment within the meaning of the DDA. Morgan v Staffordshire University [2002] IRLR 190 and McNicol v Balfour Beatty Rail Maintenance Ltd [2002] IRLR 710 CA applied.
The Tribunal did not err when it held as a matter of fact that lesions on the back of the Claimant’s head and backside were not a ‘severe disfigurement’. Nor did it err when it found that the effect on the Claimant’s mobility and his day-to-day activities was not ‘substantial’ which was a question of fact.
Directions given for unfair dismissal hearing.


[2005] UKEAT 0686 – 04 – 2203




England and Wales

Employment, Discrimination

Updated: 25 November 2022; Ref: scu.224727