EAT DISABILITY DISCRIMINATION – Disability
Employment Tribunal decision pre-dated House of Lords decision in SCA Packaging Ltd v Boyle [2009] IRLR 746, disapproving Employment Appeal Tribunal approach in Latchman [2002] ICR 1453 as to meaning of word ‘likely’ in para. 2(2)(b) of Schedule 1 to Disability Discrimination Act 1995.
Appeal allowed on Latchman misdirection and failure to ask the four sequential questions under s1 DDA identified in Goodwin v Patent Office [1994] IRLR 4.
‘Bias’ ground of appeal rejected but in allowing appeal case remitted to a fresh ET for hearing on disability question.
Citations:
[2010] UKEAT 0322 – 09 – 1806
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 21 August 2022; Ref: scu.421014