Tesco Stores Ltd v Tennant (DISABILITY DISCRIMINATION) [2019] UKEAT 0167_19_1911 (15 November 2019)

The claimant could only be considered disabled from the date her impairment had lasted 12 months; thus, she was only disabled and could only bring claims as from September 2017, not before.

Citation: [2019] UKEAT 0167_19_1911
Parties: Appellant: Tesco; Respondent: Mrs Tennant
Jurisdiction: United Kingdom
Judgment Date: 15 November 2019
Procedural Posture: Employment Appeal Tribunal / Appeal From Preliminary Issue Decision
Outcome: Appeal allowed
Legal Topics: Disability Discrimination, Harassment, Definition of Disability, Equality Act 2010

Employment Law Equality Law Disability Discrimination Harassment Definition of Disability Equality Act 2010

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Parties

Tesco

Appellant

Mrs Tennant

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Preliminary Issue Decision

Legal Issues

1 Whether the claimant was disabled at the relevant time for the purposes of the Equality Act 2010
2 Proper application of 'long-term' under paragraph 2(1)(a) of Schedule 1 to the Equality Act 2010

Ratio Decidendi

The claimant could only be considered disabled from the date her impairment had lasted 12 months; thus, she was only disabled and could only bring claims as from September 2017, not before.

Court Disposition

Appeal allowed

Orders

Substitute a finding that Mrs Tennant was disabled only from 6 September 2017, not before.