Parnaby v Leicester City Council (DISABILITY DISCRIMINATION) [2019] UKEAT 0025_19_1907 (19 July 2019)

Parnaby v Leicester City Council (DISABILITY DISCRIMINATION) [2019] UKEAT 0025_19_1907 (19 July 2019)

The Employment Tribunal erred by assessing the likelihood of the impairment's duration or recurrence with reference to the Claimant's dismissal, which was itself an alleged act of discrimination. The correct approach is to assess likelihood at the time of the alleged discriminatory acts, excluding the effect of the dismissal. This error invalidates the ET's conclusion on whether the impairment was long-term.

Citation
[2019] UKEAT 0025_19_1907
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
19 July 2019
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Disability Discrimination, Definition of Disability, Long Term Effect, Equality Act 2010, Employment Tribunal Procedure
Employment Law Equality Law Disability Discrimination Definition of Disability Long Term Effect Equality Act 2010 Employment Tribunal Procedure

Case Brief

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Claimant's impairment was 'long-term' under the Equality Act 2010
  2. 2 Whether the Employment Tribunal erred in its approach to the likelihood of recurrence or duration of impairment
  3. 3 Whether the ET erred by considering the effect of dismissal in assessing disability status

Ratio Decidendi

The Employment Tribunal erred by assessing the likelihood of the impairment's duration or recurrence with reference to the Claimant's dismissal, which was itself an alleged act of discrimination. The correct approach is to assess likelihood at the time of the alleged discriminatory acts, excluding the effect of the dismissal. This error invalidates the ET's conclusion on whether the impairment was long-term.

Court Disposition

Appeal allowed

Orders

  • The question of whether the Claimant's impairment was 'long-term' is remitted to a differently constituted Employment Tribunal for re-hearing.