Mutombo-Mpania v Angard Staffing Solutions Ltd (Disability Discrimination) [2018] UKEAT 0002_17_1707 (17 July 2018)
The claimant failed to provide evidence of particular day to day activities adversely affected by his impairment, thus did not discharge the burden of proof to establish disability under Equality Act 2010. Even if disability were established, the respondent had neither actual nor constructive knowledge due to lack of information and reasonable steps taken.
- Citation
- [2018] UKEAT 0002_17_1707
- Parties
- Appellant: Claimant; Respondent: Respondent
- Jurisdiction
- United Kingdom
- Judgment Date
- 17 July 2018
- Procedural Posture
- Employment Appeal / Appeal Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Definition of Disability, Burden of Proof, Constructive Knowledge, Reasonable Adjustments
Case Brief
Summary, issues, holding and outcome
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Parties
Claimant
Appellant
Respondent
Respondent
Procedural Posture
Employment Appeal / Appeal Judgment
Legal Issues
- 1 Whether the claimant is a disabled person under Equality Act 2010
- 2 Whether the respondent had actual or constructive knowledge of disability
Ratio Decidendi
The claimant failed to provide evidence of particular day to day activities adversely affected by his impairment, thus did not discharge the burden of proof to establish disability under Equality Act 2010. Even if disability were established, the respondent had neither actual nor constructive knowledge due to lack of information and reasonable steps taken.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed
- Case remitted to a freshly constituted Tribunal to determine remaining claims
Full Case Text
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