Adamson v. Renfrewshire Council [2003] UKEAT 0044_02_2702 (27 February 2003)

Adamson v. Renfrewshire Council [2003] UKEAT 0044_02_2702 (27 February 2003)

The Tribunal misdirected itself by failing to determine the point in time when the employer should have appreciated the applicant's disability and the likelihood of its duration, which is essential for establishing the employer's duty.

Source-derived case information.

Citation
[2003] UKEAT 0044_02_2702
Parties
Appellant: Appellant; Respondent: Respondents
Jurisdiction
United Kingdom
Judgment Date
27 February 2003
Procedural Posture
Appeal / Preliminary Hearing
Outcome
appeal allowed
Legal Topics
Definition of Disability, Employer's Duty to Make Adjustments, Duration of Disability
Employment Law Disability Discrimination Definition of Disability Employer's Duty to Make Adjustments Duration of Disability

Source-derived case record

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondents

Respondent

Procedural Posture

Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the appellant is disabled under the Act
  2. 2 Whether the disablement is likely to last at least 12 months
  3. 3 When the employer should have appreciated the disablement and corresponding duty

Ratio Decidendi

The Tribunal misdirected itself by failing to determine the point in time when the employer should have appreciated the applicant's disability and the likelihood of its duration, which is essential for establishing the employer's duty.

Court Disposition

appeal allowed

Orders

  • Case remitted to the same Tribunal to determine when the employer should have appreciated the disability and its likely duration.