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Disability discrimination: Cause of impairment irrelevant to whether disability exists at material time

This report relates to 1 case(s)

Key points

  • In Power v Panasonic UK Ltd [2003] IRLR 151 the EAT holds that In deciding whether a complainant has a disability within the meaning of the Disability Discrimination Act 1995, an employment tribunal should consider whether the disability alleged is one that falls within the meaning of the Act, or whether it is in fact an impairment which is excluded by reason of Regulations issued under the Act from being treated as such a disability.
  • It is not material to this latter decision to consider how the impairment, from which the individual is suffering, is caused.