Sharp v. Manpower UK Ltd & Anor [2005] UKEAT 002_05_0908 (9 August 2005)

Sharp v. Manpower UK Ltd & Anor [2005] UKEAT 002_05_0908 (9 August 2005)

The Employment Tribunal was entitled to find, based on its assessment of the evidence and the claimant's credibility, that the claimant was not disabled within the meaning of the Disability Discrimination Act 1995. The Tribunal did consider the cumulative effects of the claimant's impairments, the impact of...

Source-derived case information.

Citation
[2005] UKEAT 002_05_0908
Parties
Appellant: Claimant (Appellant); Respondent: IBM (First Respondent); Respondent: Manpower (Second Respondent)
Jurisdiction
United Kingdom
Judgment Date
09 August 2005
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Definition of Disability, Disability Discrimination Act 1995, Assessment of Credibility, Cumulative Effects of Impairments, Long Term Effects, Medical Evidence in Disability Claims
Employment Law Disability Discrimination Definition of Disability Disability Discrimination Act 1995 Assessment of Credibility Cumulative Effects of Impairments Long Term Effects Medical Evidence in Disability Claims

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Summary, issues, holding and outcome

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Parties

Claimant (Appellant)

Appellant

IBM (First Respondent)

Respondent

Manpower (Second Respondent)

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the claimant was disabled within the meaning of the Disability Discrimination Act 1995
  2. 2 Whether the Employment Tribunal failed to consider the cumulative effects of the claimant's impairments
  3. 3 Whether the Employment Tribunal erred in its assessment of the credibility and reliability of the claimant's evidence

Ratio Decidendi

The Employment Tribunal was entitled to find, based on its assessment of the evidence and the claimant's credibility, that the claimant was not disabled within the meaning of the Disability Discrimination Act 1995. The Tribunal did consider the cumulative effects of the claimant's impairments, the impact of medication, and the long-term nature of the symptoms. No error of law was identified in the Tribunal's approach or findings.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; Employment Tribunal decision upheld; no error of law found