Thyagarajan v Cap Gemini UK Plc (Disability Discrimination) [2014] UKEAT 0264_14_0411 (04 November 2014)

Thyagarajan v Cap Gemini UK Plc (Disability Discrimination) [2014] UKEAT 0264_14_0411 (04 November 2014)

The Employment Judge was entitled to find, based on accepted medical evidence, that the effects of the claimant's impairment were not long-term as the risk of recurrence after the initial danger period was only 2%, and thus the impairment could not 'well' recur over the next 12 months.

Citation
[2014] UKEAT 0264_14_0411
Parties
Appellant: Mr Thyagarajan; Respondent: Cap Gemini UK Plc
Jurisdiction
United Kingdom
Judgment Date
04 November 2014
Procedural Posture
Employment Appeal / Full Hearing
Outcome
appeal dismissed
Legal Topics
Definition of Disability, Long Term Effects, Prospective Test, Equality Act 2010
Employment Law Disability Discrimination Definition of Disability Long Term Effects Prospective Test Equality Act 2010

Case Brief

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Parties

Mr Thyagarajan

Appellant

Cap Gemini UK Plc

Respondent

Procedural Posture

Employment Appeal / Full Hearing

Legal Issues

  1. 1 Whether the claimant was disabled within the meaning of the Equality Act 2010
  2. 2 Whether the adverse effects of the claimant's impairment were long-term

Ratio Decidendi

The Employment Judge was entitled to find, based on accepted medical evidence, that the effects of the claimant's impairment were not long-term as the risk of recurrence after the initial danger period was only 2%, and thus the impairment could not 'well' recur over the next 12 months.

Court Disposition

appeal dismissed