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Disability discrimination: Progressive condition a disability only if substantial adverse effects likely in the future

This report relates to 1 case(s)

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    Mowat-Brown v University of Surrey [2002] IRLR 235 EAT (4 other reports)

    • Adjusting to disability

      Date:
      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.

    • When is a progressive condition a disability?

      Date:
      1 September 2002

      A recent EAT case has clarified the meaning of progessive conditions under the Disability Discrimination Act 1995.

    • When is a progressive condition a disability?

      Date:
      25 June 2002

      A recent EAT case has clarified the meaning of progressive conditions under the Disability Discrimination Act 1995.

    • Progressive condition claim fails

      Date:
      1 April 2002

      In Mowat-Brown v University of Surrey (10 December 2001), the EAT holds that an applicant who had been diagnosed with multiple sclerosis was not a disabled person within the meaning of the statutory definition because he had not established that the condition was likely to have a substantial adverse effect on his ability to carry out normal day-to-day activities.

In Mowat-Brown v University of Surrey 10.12.01 EAT 462/00, the EAT upholds an employment tribunal's decision that a claimant diagnosed with multiple sclerosis was not disabled within the meaning of the Disability Discrimination Act. With progressive conditions, where substantial adverse effects are not already present, the claimant has to show that it is more likely than not that, at some stage in the future, he or she will suffer substantial adverse effects on his or her abilities to carry out normal day-to-day activities.