Mefful v Merton And Lambeth Citizens Advice Bureau (Disability Discrimination : Disability) [2014] UKEAT 0290_14_0512 (05 December 2014)

Mefful v Merton And Lambeth Citizens Advice Bureau (Disability Discrimination : Disability) [2014] UKEAT 0290_14_0512 (05 December 2014)

The Employment Tribunal erred in law by failing to apply the correct legal test to the evidence it accepted regarding the Claimant's shoulder impairment and by not properly considering the cumulative effect of both impairments; however, its conclusion regarding the hearing impairment alone was not perverse or legally erroneous based on the evidence available at the relevant time.

Citation
[2014] UKEAT 0290_14_0512
Parties
Appellant/claimant: Paul Mefful; Respondent: Peninsula Business Services Ltd
Jurisdiction
United Kingdom
Judgment Date
05 December 2014
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment on Preliminary Issue of Disability Under Equality Act 2010
Outcome
Appeal allowed in part; remitted to same Employment Tribunal for reconsideration
Legal Topics
Disability Discrimination, Definition of Disability, Substantial Adverse Effect, Long Term Impairment, Combined Effect of Impairments
Employment Law Equality Law Disability Discrimination Definition of Disability Substantial Adverse Effect Long Term Impairment Combined Effect of Impairments

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Parties

Paul Mefful

Appellant/claimant

Peninsula Business Services Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment on Preliminary Issue of Disability Under Equality Act 2010

Legal Issues

  1. 1 Whether the Claimant was disabled for the purposes of section 6 Equality Act 2010 due to shoulder impairment, hearing impairment, or their combined effect
  2. 2 Whether the Employment Tribunal applied the correct legal test to 'substantial adverse effect' and 'long-term' requirements
  3. 3 Whether the Tribunal properly considered the cumulative effect of multiple impairments

Ratio Decidendi

The Employment Tribunal erred in law by failing to apply the correct legal test to the evidence it accepted regarding the Claimant's shoulder impairment and by not properly considering the cumulative effect of both impairments; however, its conclusion regarding the hearing impairment alone was not perverse or legally erroneous based on the evidence available at the relevant time.

Court Disposition

Appeal allowed in part; remitted to same Employment Tribunal for reconsideration

Orders

  • Remit to the same Employment Tribunal to apply the correct legal test to the shoulder impairment and to consider the combined effect of both impairments under section 6 Equality Act 2010