Fathers v Pets At Home Ltd & Anor (Disability Discrimination : Disability) [2014] UKEAT 0424_13_2006 (20 June 2014)

Fathers v Pets At Home Ltd & Anor (Disability Discrimination : Disability) [2014] UKEAT 0424_13_2006 (20 June 2014)

The Employment Tribunal erred in law by failing to address the deduced effects of medication and counselling and the likelihood of recurrence of the impairment's effects, both of which are required considerations under the Equality Act 2010. The case must be remitted for redetermination.

Citation
[2014] UKEAT 0424_13_2006
Parties
Claimant/appellant: Rebecca Fathers; Respondent: First Respondent (Employer)
Jurisdiction
United Kingdom
Judgment Date
20 June 2014
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal's Pre Hearing Review Decision
Outcome
Appeal allowed; Employment Tribunal's decision set aside.
Legal Topics
Disability Discrimination, Definition of Disability, Equality Act 2010, Reasonable Adjustments
Employment Law Equality Law Disability Discrimination Definition of Disability Equality Act 2010 Reasonable Adjustments

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Parties

Rebecca Fathers

Claimant/appellant

First Respondent (Employer)

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal's Pre Hearing Review Decision

Legal Issues

  1. 1 Whether the Claimant had a disability within the meaning of section 6 of the Equality Act 2010
  2. 2 Whether the Employment Tribunal failed to consider the 'deduced effects' of medication and counselling
  3. 3 Whether the Tribunal failed to consider the likelihood of recurrence of the impairment's effects

Ratio Decidendi

The Employment Tribunal erred in law by failing to address the deduced effects of medication and counselling and the likelihood of recurrence of the impairment's effects, both of which are required considerations under the Equality Act 2010. The case must be remitted for redetermination.

Court Disposition

Appeal allowed; Employment Tribunal's decision set aside.

Orders

  • Case remitted to a differently constituted Employment Tribunal for reconsideration of the disability issue at Pre-Hearing Review.