Source: Discrimination Case Law Digest Issue: 49 Date: 01-09-2001 Publisher: IRS

Functional overlay not physical impairment

TOPICS:
equal opportunities disability

CASES: below is a list of cases discussed in this article. Click the case title for more XpertHR resources on the case and related cases.

Rugamer v Sony Music Entertainment UK Ltd; McNicol v Balfour Beatty Rail Maintenance Ltd [2001] IRLR 644 EAT (3 reports)


In Rugamer v Sony Music Entertainment UK Ltd; McNicol v Balfour Beatty Rail Maintenance Ltd the EAT has held that functional or psychological "overlay", where a person claims to be suffering from physical injury, but the doctor is satisfied that the symptoms are instead a manifestation only of the individual's psychological state, is not a physical impairment within the meaning of the definition of disability.

These two appeals were decided together because they raised similar questions on the correct application of s.1 of the DDA to a case of functional overlay.

To read the rest of this article you must login

Existing users login here Existing Users

Other access problems
Email help desk or call: 0845 671 1110

Request a Demo Learn More about XpertHR

To view the full article request a demo today

XpertHR is the leading online resource for employment law, HR good practice and benchmarking.

Let us show you how your organisation could save time and money with XpertHR.









This Item: