C & Ors v A & Anor (DISABILITY DISCRIMINATION AND PRACTICE AND PROCEDURE) [2020] UKEAT 0023_20_2205 (22 May 2020)

C & Ors v A & Anor (DISABILITY DISCRIMINATION AND PRACTICE AND PROCEDURE) [2020] UKEAT 0023_20_2205 (22 May 2020)

The Employment Judge was entitled to consider evidence of disability arising before and after the alleged discriminatory acts to infer the existence and duration of the impairment at the relevant time. The Judge's findings, though lacking in detailed reasoning, were sufficient given the fact-sensitive and medical nature of the issue, and there was no material error justifying interference with the decision.

Citation
[2020] UKEAT 0023_20_2205
Parties
Appellant: Peninsula Business Services Ltd; Respondent: A; Respondent: B
Jurisdiction
United Kingdom
Judgment Date
22 May 2020
Procedural Posture
Employment Appeal Tribunal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Reasonable Adjustments, Burden of Proof, Medical Evidence, Equality Act 2010
Employment Law Discrimination Law Disability Discrimination Reasonable Adjustments Burden of Proof Medical Evidence Equality Act 2010

Case Brief

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Parties

Peninsula Business Services Ltd

Appellant

A

Respondent

B

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Judgment

Legal Issues

  1. 1 Whether the claimants were disabled within the meaning of the Equality Act 2010 at the time of the alleged discriminatory acts
  2. 2 Whether the Employment Judge was entitled to infer disability from evidence before and after the relevant dates
  3. 3 Whether the Employment Judge's reasoning and findings were sufficient in the absence of medical evidence

Ratio Decidendi

The Employment Judge was entitled to consider evidence of disability arising before and after the alleged discriminatory acts to infer the existence and duration of the impairment at the relevant time. The Judge's findings, though lacking in detailed reasoning, were sufficient given the fact-sensitive and medical nature of the issue, and there was no material error justifying interference with the decision.

Court Disposition

Appeal dismissed

Orders

  • Appeal refused
  • No order for remittal to the Employment Tribunal