Herbert v. Kopyrite Ltd [2001] UKEAT 1301_00_2603 (26 March 2001)

Herbert v. Kopyrite Ltd [2001] UKEAT 1301_00_2603 (26 March 2001)

The appellant failed to discharge the burden of proof that her impairment had a substantial adverse effect on her ability to carry out normal day-to-day activities; the Tribunal's decision was not perverse.

Citation
[2001] UKEAT 1301_00_2603
Parties
Appellant: Mrs Herbert; Respondent: Unknown (Respondent)
Jurisdiction
United Kingdom
Judgment Date
26 March 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal dismissed
Legal Topics
Definition of Disability, Burden of Proof, Appeal Jurisdiction
Employment Law Disability Discrimination Definition of Disability Burden of Proof Appeal Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs Herbert

Appellant

Unknown (Respondent)

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the appellant is a person suffering from a disability within the meaning of the Disability Discrimination Act 1995
  2. 2 Whether the impairment has a substantial and long-term adverse effect on normal day-to-day activities
  3. 3 Whether the Tribunal's decision was perverse

Ratio Decidendi

The appellant failed to discharge the burden of proof that her impairment had a substantial adverse effect on her ability to carry out normal day-to-day activities; the Tribunal's decision was not perverse.

Court Disposition

Appeal dismissed

Orders

  • No full hearing to be held
  • No arguable grounds for appeal