Leonard v Southern Derbyshire Chamber of Commerce [2000] UKEAT 789_99_1010 (10 October 2000)

Leonard v Southern Derbyshire Chamber of Commerce [2000] UKEAT 789_99_1010 (10 October 2000)

The Tribunal erred by focusing on what the appellant could do rather than what she could not do or could only do with difficulty, misapplied the statutory Guidance, and failed to properly evaluate the evidence of substantial adverse effect. The appellant's clinical depression constituted a mental impairment with substantial adverse effect on normal day to day activities.

Citation
[2000] UKEAT 789_99_1010
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
10 October 2000
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
appeal allowed
Legal Topics
Definition of Disability, Application of Statutory Guidance, Mental Impairment, Effects of Medication, Tribunal Reasoning

Case Brief

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

  1. 1 Whether the appellant was a disabled person within the meaning of section 1 of the Disability Discrimination Act 1995
  2. 2 Whether the Employment Tribunal properly applied statutory guidance in assessing disability
  3. 3 Whether the Tribunal focused on relevant activities and effects of impairment

Ratio Decidendi

The Tribunal erred by focusing on what the appellant could do rather than what she could not do or could only do with difficulty, misapplied the statutory Guidance, and failed to properly evaluate the evidence of substantial adverse effect. The appellant's clinical depression constituted a mental impairment with substantial adverse effect on normal day to day activities.

Court Disposition

appeal allowed

Orders

  • Appellant found to be a disabled person within the meaning of the Act at the relevant time
  • Case remitted to a differently constituted Tribunal for continuation of hearing