McDougall v. Richmond Adult Community College [2007] UKEAT 0589_06_1307 (13 July 2007)

McDougall v. Richmond Adult Community College [2007] UKEAT 0589_06_1307 (13 July 2007)

The claimant's compulsory admission and subsequent relapse demonstrated a clinically well-recognised mental impairment with a substantial and long-term adverse effect on her ability to carry out normal day-to-day activities. The Employment Tribunal erred by not considering subsequent events (relapse and re-admission) in assessing the likelihood of recurrence, contrary to the Bwllfa principle as affirmed in Golden Strait. The claimant was disabled within the meaning of the DDA 1995 at the relevant time.

Citation
[2007] UKEAT 0589_06_1307
Parties
Appellant/claimant: Ms McDougall; Respondent: [Name not specified] Community College
Jurisdiction
United Kingdom
Judgment Date
13 July 2007
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed
Legal Topics
Definition of Disability, Mental Impairment, Long Term Effect, Disability Discrimination Act 1995, Mental Health Act 1983, Assessment of Disability, Recurrence of Impairment
Employment Law Disability Discrimination Definition of Disability Mental Impairment Long Term Effect Disability Discrimination Act 1995 Mental Health Act 1983 Assessment of Disability +1 more

Case Brief

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Parties

Ms McDougall

Appellant/claimant

[Name not specified] Community College

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether compulsory admission under the Mental Health Act 1983 is conclusive evidence of disability under the DDA 1995
  2. 2 Whether the claimant's mental impairment had a substantial and long-term adverse effect on her ability to carry out normal day-to-day activities
  3. 3 Whether subsequent recurrence of illness should be considered in assessing likelihood of recurrence for DDA purposes

Ratio Decidendi

The claimant's compulsory admission and subsequent relapse demonstrated a clinically well-recognised mental impairment with a substantial and long-term adverse effect on her ability to carry out normal day-to-day activities. The Employment Tribunal erred by not considering subsequent events (relapse and re-admission) in assessing the likelihood of recurrence, contrary to the Bwllfa principle as affirmed in Golden Strait. The claimant was disabled within the meaning of the DDA 1995 at the relevant time.

Court Disposition

Appeal allowed

Orders

  • Finding that claimant was disabled within the meaning of the DDA 1995
  • Remitted to Employment Tribunal to determine whether there was unlawful discrimination