At the Tribunal | |
Before
THE HONOURABLE LORD SUMMERS
(SITTING ALONE)
APPELLANT | |
(2) B |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
For the Appellants | MR RAD KOHANZAD (of Counsel) Instructed by: Peninsula Business Services Ltd The Peninsula Victoria Place 2 Cheetham Hill Road Manchester M4 4FB |
For the Respondents |
A (The Respondent in Person) and B (The Respondent in Person) |
SUMMARY
DISABILITY DISCRIMINATION AND PRACTICE AND PROCEDURE
The E.A.T. decided that where there was no evidence that demonstrated that an employee was suffering from a disability at the time the alleged act of discrimination occurred, the ET was entitled to consider evidence of disability more generally and to infer from that evidence that the disability existed at the relevant time. The E.A.T. further decided that when the EJ had to decide a question that was to a large extent a medical question, the E.A.T. should not be swift to overturn such a decision provided it was clear that all evidence relevant to the issue had been placed before the EJ and the EJ had considered the relevant material.
THE HONOURABLE LORD SUMMERS
"(1)A person (P) has a disability if—
(a)P has a physical or mental impairment, and
(b)the impairment has a substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities."
"1. (1) The effect of an impairment is long-term if—
(i) it has lasted for at least 12 months,
(ii) the period for which it lasts is likely to be at least 12 months, or
(iii) it is likely to last for the rest of the life of the person affected.
2. (2) If an impairment ceases to have a substantial adverse effect on a person's ability to carry out normal day-to-day activities, it is to be treated as continuing to have that effect if that effect is likely to recur."