British Gas Trading Limited v. Scott [2008] UKEAT 0322_07_2301 (23 January 2008)

British Gas Trading Limited v. Scott [2008] UKEAT 0322_07_2301 (23 January 2008)

The Tribunal was entitled to find that the Claimant's impairment—her increased risk of patella dislocation—constituted a continuing physical impairment, and that the recurrence of dislocation demonstrated a likelihood of recurrence of substantial adverse effects. Therefore, the Claimant was disabled within the meaning of the Disability Discrimination Act 1995 at the relevant time.

Citation
[2008] UKEAT 0322_07_2301
Parties
Claimant: Claimant (Mrs Scott); Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
23 January 2008
Procedural Posture
Employment Tribunal Appeal / Appeal From Employment Tribunal Decision on Preliminary Issue of Disability Under the Disability Discrimination Act 1995
Outcome
Appeal dismissed
Legal Topics
Definition of Disability, Long Term Impairment, Recurrence of Impairment, Dismissal and Disability Discrimination
Employment Law Disability Discrimination Definition of Disability Long Term Impairment Recurrence of Impairment Dismissal and Disability Discrimination

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Parties

Claimant (Mrs Scott)

Claimant

Respondent

Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal From Employment Tribunal Decision on Preliminary Issue of Disability Under the Disability Discrimination Act 1995

Legal Issues

  1. 1 Whether the Claimant was a disabled person within the meaning of the Disability Discrimination Act 1995 at the relevant time
  2. 2 Whether the impairment and its effects were long-term or likely to recur under the Act

Ratio Decidendi

The Tribunal was entitled to find that the Claimant's impairment—her increased risk of patella dislocation—constituted a continuing physical impairment, and that the recurrence of dislocation demonstrated a likelihood of recurrence of substantial adverse effects. Therefore, the Claimant was disabled within the meaning of the Disability Discrimination Act 1995 at the relevant time.

Court Disposition

Appeal dismissed

Orders

  • The Employment Tribunal's decision that the Claimant was disabled within the meaning of the Disability Discrimination Act 1995 is upheld.