Definition of disability. EAT ruling.

This is an interesting ruling. The summary follows. The full transcript can be read here http://www.employmentappeals.gov.uk/Public/Upload/12_0031rjfhSBSM.doc

SUMMARY

DISABILITY DISCRIMINATION – Disability

The effect of an impairment may be direct or indirect. However, the majority of the Employment Tribunal erred in holding that the deduced effect of the Claimant’s impairment for the purpose of Equality Act 2010 Schedule 1 Part 1 paragraph 5 was substantial and adverse toher ability to carry out day- to- day activities when the evidence established that the impairment, Selective IgA, caused an increase in susceptibility to infection but did not support a conclusion that increased rate of infection had such an effect. Further the evidence did not support the conclusion of the majority of the ET that substantial adverse effects caused by the impairment in the past were likely to recur.

Swift v Chief Constable of Wiltshire Constabulary [2004] IRLR 540 considered.

Appeal allowed. Decision of the Employment Tribunal that the Claimant was a disabled person at the material time, October 2010, set aside. The issue of whether the Claimant was a disabled person at the material time, remitted for re-hearing before a differently constituted Employment Tribunal.