Walker v Sita Information Networking Computing Ltd (Disability Discrimination : no sub-topic) [2013] UKEAT 0097_12_0802 (8 February 2013)

Walker v Sita Information Networking Computing Ltd (Disability Discrimination : no sub-topic) [2013] UKEAT 0097_12_0802 (8 February 2013)

The Employment Judge erred in law by focusing on the absence of a recognised physical or mental cause for the claimant's symptoms rather than their effect; the correct approach is to consider whether the claimant has an impairment with a substantial and long-term adverse effect on normal day-to-day activities, regardless of cause.

Citation
[2013] UKEAT 0097_12_0802
Parties
Appellant: Mr Walker; Respondent: Unknown (Respondent)
Jurisdiction
United Kingdom
Judgment Date
08 February 2013
Procedural Posture
Employment Appeal / Appeal Against Decision of Employment Judge
Outcome
Appeal allowed
Legal Topics
Definition of Disability, Impairment Under DDA, Obesity and Disability, Evidential Vs Legal Requirements
Employment Law Disability Discrimination Definition of Disability Impairment Under DDA Obesity and Disability Evidential Vs Legal Requirements

Case Brief

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Parties

Mr Walker

Appellant

Unknown (Respondent)

Respondent

Procedural Posture

Employment Appeal / Appeal Against Decision of Employment Judge

Legal Issues

  1. 1 Whether the claimant was disabled within the meaning of the Disability Discrimination Act 1995
  2. 2 Whether the absence of a recognised physical or mental cause precludes a finding of disability
  3. 3 Whether the Employment Judge erred in law by focusing on the cause rather than the effect of the impairment

Ratio Decidendi

The Employment Judge erred in law by focusing on the absence of a recognised physical or mental cause for the claimant's symptoms rather than their effect; the correct approach is to consider whether the claimant has an impairment with a substantial and long-term adverse effect on normal day-to-day activities, regardless of cause.

Court Disposition

Appeal allowed

Orders

  • Finding substituted that the claimant was disabled for the purposes of the Disability Discrimination Act 1995 at the relevant time.