Williams v Leukaemia And Lymphoma Research (Disability Discrimination : Disability) [2014] UKEAT 0493_13_0602 (06 February 2014)

Williams v Leukaemia And Lymphoma Research (Disability Discrimination : Disability) [2014] UKEAT 0493_13_0602 (06 February 2014)

The claimant failed to provide evidence that the effects of his depression were recurring or fluctuating to the required degree over the relevant period. The Employment Judge was entitled to find that the statutory definition of disability was not met, as there was no evidence of substantial adverse effects on day-to-day activities for at least 12 months or likely to recur.

Citation
[2014] UKEAT 0493_13_0602
Parties
Appellant: Mr Williams; Respondent: Unknown (Respondent)
Jurisdiction
United Kingdom
Judgment Date
06 February 2014
Procedural Posture
Employment Appeal / Appeal From Employment Judge's Decision After Pre Hearing Review
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Definition of Disability, Recurring or Fluctuating Effects, Burden of Proof
Employment Law Equality Law Disability Discrimination Definition of Disability Recurring or Fluctuating Effects Burden of Proof

Case Brief

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Parties

Mr Williams

Appellant

Unknown (Respondent)

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Judge's Decision After Pre Hearing Review

Legal Issues

  1. 1 Whether the claimant was a disabled person within the meaning of section 6 of the Equality Act 2010 at the material time
  2. 2 Whether the effects of the claimant's impairment were long-term due to recurring or fluctuating effects
  3. 3 Whether the Employment Judge erred in law or acted perversely in finding the claimant not disabled

Ratio Decidendi

The claimant failed to provide evidence that the effects of his depression were recurring or fluctuating to the required degree over the relevant period. The Employment Judge was entitled to find that the statutory definition of disability was not met, as there was no evidence of substantial adverse effects on day-to-day activities for at least 12 months or likely to recur.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.