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Disability discrimination: Meaning of "physical or mental impairment"

This report relates to 1 case(s)

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    McNicol v Balfour Beatty Rail Maintenance Ltd [2002] IRLR 711 CA (2 other reports)

    • Adjusting to disability

      1 December 2002

      It is the duty of the employer to make reasonable adjustments to the workplace in order that a disabled person can be successfully employed. Failure to do so can result in a claim for discrimination. The problem lies in determining what is a reasonable adjustment, and it is here that the OH professional can make a contribution, By Joan Lewis and Linda Goldman.

    • On appeal

      24 September 2002

      Continuing our series on the implications of recent significant cases, Charlotte Hamer, professional support lawyer in the employment pensions and benefits group at international law firm Stephenson Harwood, looks at the issues.

Key points

  • In McNichol v Balfour Beatty Rail Maintenance Ltd [2002] IRLR 711 the Court of Appeal holds that an employment tribunal was entitled to find that the employee had not established that he suffered either a physical or mental impairment within the meaning of the Disability Discrimination Act 1995. There was no evidence before the tribunal that there was any physical reason for the back pain he claimed to suffer, and neither was it shown that it was the result of a clinically well-recognised mental illness.