MckEnzie v. East Sussex County Council [2001] UKEAT 1346_00_0405 (4 May 2001)

MckEnzie v. East Sussex County Council [2001] UKEAT 1346_00_0405 (4 May 2001)

The appellant's recurrent dyspepsia constituted a physical impairment, but the adverse effects experienced were not substantial within the meaning of Section 1 of the Disability Discrimination Act 1995, as their extent, duration, and frequency did not exceed normal experiences of many people.

Citation
[2001] UKEAT 1346_00_0405
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
04 May 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
appeal dismissed
Legal Topics
Definition of Disability, Substantial Adverse Effect, Long Term Adverse Effect, Burden of Proof
Employment Law Disability Discrimination Definition of Disability Substantial Adverse Effect Long Term Adverse Effect Burden of Proof

Case Brief

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the appellant's dyspepsia constituted a disability under Section 1 of the Disability Discrimination Act 1995
  2. 2 Whether the adverse effect of the appellant's impairment was substantial within the meaning of the Act

Ratio Decidendi

The appellant's recurrent dyspepsia constituted a physical impairment, but the adverse effects experienced were not substantial within the meaning of Section 1 of the Disability Discrimination Act 1995, as their extent, duration, and frequency did not exceed normal experiences of many people.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; no further hearing will be held.