Croal v Network Rail Infrastructure Ltd [2008] UKEAT 0506_07_2802 (28 February 2008)

Croal v Network Rail Infrastructure Ltd [2008] UKEAT 0506_07_2802 (28 February 2008)

The likelihood of an impairment lasting at least 12 months must be assessed at the date of the alleged discriminatory act, not with hindsight. The Employment Tribunal was correct in finding that as of 13 July 2005, it was not likely the claimant's condition would last 12 months, and disability commenced only from 20 March 2006.

Citation
[2008] UKEAT 0506_07_2802
Parties
Appellant/claimant: Mr Croal; Respondent: Network Rail Infrastructure Ltd
Jurisdiction
United Kingdom
Judgment Date
28 February 2008
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Disability Definition Under DDA, Long Term Effect Assessment, Constructive Dismissal, Preliminary Issue on Disability
Employment Law Disability Discrimination Disability Definition Under DDA Long Term Effect Assessment Constructive Dismissal Preliminary Issue on Disability

Case Brief

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Parties

Mr Croal

Appellant/claimant

Network Rail Infrastructure Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 At what date should the likelihood of an impairment lasting at least 12 months be assessed under the Disability Discrimination Act 1995?
  2. 2 Was the Employment Tribunal correct in finding the claimant was not disabled before 20 March 2006?

Ratio Decidendi

The likelihood of an impairment lasting at least 12 months must be assessed at the date of the alleged discriminatory act, not with hindsight. The Employment Tribunal was correct in finding that as of 13 July 2005, it was not likely the claimant's condition would last 12 months, and disability commenced only from 20 March 2006.

Court Disposition

Appeal dismissed