Martin v University of Exeter (DISABILITY DISCRIMINATION) [2018] UKEAT 0092_18_3008 (30 August 2018)
The Employment Judge correctly applied the legal test for 'likely' under section 6(1) Equality Act 2010, using contemporaneous medical evidence and Occupational Health reports to determine the date when the claimant became disabled; the use of 'necessarily' was colloquial and did not affect the application of the correct legal standard.
- Citation
- [2018] UKEAT 0092_18_3008
- Parties
- Appellant: Claimant (Appellant); Respondent: Respondent
- Jurisdiction
- United Kingdom
- Judgment Date
- 30 August 2018
- Procedural Posture
- Employment Appeal / Appeal Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Disability Discrimination, Definition of Disability, Reasonable Adjustments
Case Brief
Summary, issues, holding and outcome
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Parties
Claimant (Appellant)
Appellant
Respondent
Respondent
Procedural Posture
Employment Appeal / Appeal Judgment
Legal Issues
- 1 Correct interpretation of 'likely' under section 6(1) Equality Act 2010
- 2 Date when claimant became disabled for statutory purposes
- 3 Appropriate use of medical evidence in disability determination
Ratio Decidendi
The Employment Judge correctly applied the legal test for 'likely' under section 6(1) Equality Act 2010, using contemporaneous medical evidence and Occupational Health reports to determine the date when the claimant became disabled; the use of 'necessarily' was colloquial and did not affect the application of the correct legal standard.
Court Disposition
Appeal dismissed
Orders
- No error of law found; original Employment Tribunal decision upheld
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