Sharp v Manpower UK Ltd & Anor [2005] UKEAT 0002_05_0908 (9 August 2005)

Sharp v Manpower UK Ltd & Anor [2005] UKEAT 0002_05_0908 (9 August 2005)

The Employment Tribunal was entitled to find, on the evidence and after assessing 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 and the impact of medication, and its findings were factual, not legal errors. There was no misdirection or error of law.

Citation
[2005] UKEAT 0002_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, Credibility of Evidence, Cumulative Effects of Impairment, Long Term Adverse Effect, Statutory Guidance Interpretation
Employment Law Disability Discrimination Definition of Disability Credibility of Evidence Cumulative Effects of Impairment Long Term Adverse Effect Statutory Guidance Interpretation

Case Brief

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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 assessing the credibility of the claimant's evidence

Ratio Decidendi

The Employment Tribunal was entitled to find, on the evidence and after assessing 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 and the impact of medication, and its findings were factual, not legal errors. There was no misdirection or error of law.

Court Disposition

Appeal dismissed

Orders

  • None; the decision of the Employment Tribunal stands.