This is a preview. To continue reading please log in or Register to read this article

Disability discrimination: 'Deduced effect' where plate and pins remain in ankle for 20 years

This report relates to 1 case(s)

In Carden v Pickerings Europe Ltd [2005] IRLR 720, the EAT holds that the employment tribunal did not ask itself a right or sufficient question. It should have addressed the question of whether pins and plates inserted in the claimant's ankle in 1984 amounted to "continuing measures" for the purpose of para. 6 of Schedule 1 of the Disability Discrimination Act 1995. It had only addressed the question of medical treatment at all in the conclusory paragraph of its decision.