Ahmed v Metroline Travel Ltd (Disability Discrimination : Disability) [2011] UKEAT 0400_10_0802 (08 February 2011)

Ahmed v Metroline Travel Ltd (Disability Discrimination : Disability) [2011] UKEAT 0400_10_0802 (08 February 2011)

The Tribunal was entitled to reject the Claimant's evidence as to the extent of his impairment, accept Dr Kahtan's account, and find that the Claimant did not have a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities; no error of law was made in the Tribunal's approach or reasoning.

Citation
[2011] UKEAT 0400_10_0802
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
08 February 2011
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Pre Hearing Review
Outcome
Appeal dismissed
Legal Topics
Definition of Disability, Dismissal on Medical Grounds, Credibility of Evidence, Application of Statutory Guidance, Assessment of Day to Day Activities
Employment Law Disability Discrimination Definition of Disability Dismissal on Medical Grounds Credibility of Evidence Application of Statutory Guidance Assessment of Day to Day Activities

Case Brief

Summary, issues, holding and outcome

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Pre Hearing Review

Legal Issues

  1. 1 Whether the Claimant suffered from a disability within the meaning of the Disability Discrimination Act 1995 at the time of dismissal
  2. 2 Whether the Employment Tribunal erred in law in its approach to the assessment of disability
  3. 3 Whether the Tribunal failed to apply or refer to the 2006 Guidance on the definition of disability

Ratio Decidendi

The Tribunal was entitled to reject the Claimant's evidence as to the extent of his impairment, accept Dr Kahtan's account, and find that the Claimant did not have a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities; no error of law was made in the Tribunal's approach or reasoning.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.