The Employment Appeals Tribunal ('EAT') has recently considered the approach that should be taken when considering whether an impairment can be said to be 'long-term'.
The Employment Appeals Tribunal ('EAT') has recently considered the approach that should be taken when considering whether an impairment can be said to be 'long-term'.
The Claimant in Nissa v Waverly Education Foundation suffered from fibromyalgia which is a condition that causes widespread pain, increased sensitivity, fatigue and muscle stiffness. Following her resignation in August 2016, she contended she had suffered disability discrimination.
The Employment Tribunal ('ET') held that the Claimant was not a disabled person within the meaning of the Equality Act 2010 as it considered the impairments she suffered were not likely to be long term nor were they substantial. The ET focused on the Claimant’s diagnosis and a medical opinion that the condition might slowly improve as she was no longer in the Respondent’s employment.
As to whether the impairments were substantial, the ET concluded that although the impairments had some adverse effect, the Claimant’s evidence had failed to demonstrate its precise nature.
On appeal, the EAT overturned both findings. It found that the ET had adopted too narrow an approach in considering whether the Claimant’s impairments were long-term, focussing too much on diagnosis rather than the effects of the impairments. In considering whether the effects were 'likely' to be long-term, the EAT held the ET should have looked at the reality of the risk on a broader view of the available evidence.
In deciding that the impairments were substantial, the EAT found the ET had failed to take into account relevant evidence including the Claimant’s doctor’s report or wider medical evidence.
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The World Cup kicks off in Qatar on Sunday 20 November 2022, with the final taking place on Sunday 18 December 2022. Undoubtedly, this is a huge sporting event, and many employees will be keen to show their support for their favourite teams. However, due to the time difference, start times for the matches are between 10 a.m. and 7 p.m. UK time, which could have an impact on employers if employees who wish to watch the matches are scheduled to work.
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Settlement agreements in an employment context are ordinarily used to provide both parties with certainty following the conclusion of an employment relationship – but what happens when there is alleged discrimination after entering into a settlement agreement?
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The new set of Legal 500 directory rankings have been published and we are proud to once again be recognised as one of the country’s leading firms advising the Education sector.
