How do you determine if a disability is '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 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.
Related expertise
You may be interested in...
In Person Event
Mock Employment Tribunal
Legal Update - Employment Rights Bill
The Employment Rights Bill: Is it here yet?
Online Event
AI at the coalface: Navigating the practicalities in education
Legal Update
Executive pay and the Academy Trust Handbook: Clarity, challenge and good governance
Opinion
Pride Month: A time to review DEI
Opinion
Employer redundancy guide: Sourcing alternative employment
Legal Update
DEI in school governance: Key themes and insights
Guide
Using AI for recruitment: The data issues
Guide
The socio-economic duty: Shifting mindsets for true social mobility
Legal Update
Trans matters in health for trusts and acute settings: The decision in For Women Scotland
Press Release
Browne Jacobson’s School Leaders Survey illustrates concerns over financial resilience ahead of spending review
Press Release
Majority of UK organisations remain committed to sustainability and ESG, says new research
Opinion
Addressing the gender pay gap in school trusts
Opinion
Disciplinary procedures and mental health: Employer considerations
Opinion
Supreme Court gender ruling: Ensuring inclusion in the workplace
Legal Update
Celebrating diversity and inclusion in the NHS: Equality, Diversity, and Human Rights Week 2025
Legal Update
Supporting mental wellbeing in the workplace: Practical steps for businesses
Legal Update
A New chapter for families: Reflecting on the first month of the introduction of neonatal care leave
Legal Update
Trans matters in care: The decision in For Women Scotland
Legal Update
Trans matters in sport: The decision in For Women Scotland
Opinion
EHRC releases guidance for employers after Supreme Court ruling on definition of woman
Legal Update
Unfunded pay rise for teachers risks strikes, tension, restructures and budget crisis
Legal Update
2025/26 employment rates and limits: Are costs increases having a negative impact on the job market?
Legal Update
Supreme Court ruling on trans women: What schools need to know
Legal Update
The concept of sex is binary: For Women Scotland v The Scottish Ministers Supreme Court case explained
Legal Update
Updated Modern Slavery Act Transparency Guidance: Key obligations and steps for businesses
Legal Update
Do whistleblowing protections extend to external job applicants?
Article - Employment Rights Bill
The Employment Rights Bill: What the new amendments mean for employers
Legal Update
How academy trusts can avoid disputes over recruitment agency fees
On-Demand - Care Focus webinar series
Care Focus: Regulatory and employment
Legal Update
Fair conduct dismissal: Guidance from the Court of Appeal
Legal Update
Employment healthcare briefing: March 2025
Press Release
Browne Jacobson advises Obsequio Group on strategic expansion
Legal Update
Mitigating the impact of school data breaches
Press Release
Browne Jacobson advises Mercia Ventures on £3.9m investment in highways drainage specialist Crown Plus
Legal Update
The ripple effect: How US DEI shifts are impacting UK and Ireland businesses
Legal Update
AI adoption in schools: Meeting ICO expectations
On-Demand
EdCon 2025: Top five takeaways
Legal Update
Navigating SARs in schools
