McConnachie v. DC Thomson & Co Ltd [2005] UKEAT 0015_05_3008 (30 August 2005)

McConnachie v. DC Thomson & Co Ltd [2005] UKEAT 0015_05_3008 (30 August 2005)

The claimant was not incontinent at the date of dismissal and did not meet the substantial and long-term adverse effect conditions required by the Disability Discrimination Act 1995. The Tribunal correctly applied the statutory test and guidance.

Citation
[2005] UKEAT 0015_05_3008
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
30 August 2005
Procedural Posture
Employment Appeal / Appeal From Preliminary Tribunal Judgment
Outcome
appeal dismissed
Legal Topics
Definition of Disability, Incontinence, Disability Discrimination Act 1995, Unfair Dismissal
Employment Law Disability Discrimination Definition of Disability Incontinence Disability Discrimination Act 1995 Unfair Dismissal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal From Preliminary Tribunal Judgment

Legal Issues

  1. 1 Whether the claimant was disabled under the Disability Discrimination Act 1995 at the time of dismissal
  2. 2 Whether incontinence constituted a substantial and long-term adverse effect

Ratio Decidendi

The claimant was not incontinent at the date of dismissal and did not meet the substantial and long-term adverse effect conditions required by the Disability Discrimination Act 1995. The Tribunal correctly applied the statutory test and guidance.

Court Disposition

appeal dismissed

Orders

  • Claimant to serve Witness Statement within 14 days
  • Respondent to serve evidence 14 days thereafter