Rayner v. Turning Point & Ors [2010] UKEAT 0397_10_0511 (5 November 2010)

Rayner v. Turning Point & Ors [2010] UKEAT 0397_10_0511 (5 November 2010)

The Employment Judge erred by applying a higher medical standard than required under the amended Disability Discrimination Act and failing to properly consider evidence of substantial adverse effect on day-to-day activities. The judgment was perverse and must be set aside for rehearing before a different Employment Judge.

Citation
[2010] UKEAT 0397_10_0511
Parties
Appellant: Claimant; Respondent: First Respondent; Respondent: Second Respondent; Respondent: Third Respondent
Jurisdiction
United Kingdom
Judgment Date
05 November 2010
Procedural Posture
Employment Appeal / Appeal Against Pre Hearing Review Judgment
Outcome
judgment set aside; remitted for rehearing before a different Employment Judge
Legal Topics
Definition of Disability, Mental Impairment, Substantial Effect on Day to Day Activities, Admission of New Evidence
Employment Law Disability Discrimination Definition of Disability Mental Impairment Substantial Effect on Day to Day Activities Admission of New Evidence

Case Brief

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Parties

Claimant

Appellant

First Respondent

Respondent

Second Respondent

Respondent

Third Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal Against Pre Hearing Review Judgment

Legal Issues

  1. 1 Whether the claimant was disabled under the Disability Discrimination Act 1995 as amended
  2. 2 Whether the Employment Judge applied the correct legal standard for mental impairment
  3. 3 Whether there was sufficient evidence of substantial adverse effect on day-to-day activities

Ratio Decidendi

The Employment Judge erred by applying a higher medical standard than required under the amended Disability Discrimination Act and failing to properly consider evidence of substantial adverse effect on day-to-day activities. The judgment was perverse and must be set aside for rehearing before a different Employment Judge.

Court Disposition

judgment set aside; remitted for rehearing before a different Employment Judge

Orders

  • Fresh hearing before a different Employment Judge
  • Letter from GP Dr Ali to be admitted as evidence