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Effect of successful medical treatment

This report relates to 1 case(s)

The EAT has ruled in Abadeh v British Telecommunications plc that the deduced effects provisions of the definition of disability, requiring the effects of medical treatment to be disregarded in determining whether an applicant is disabled, apply only where the treatment is continuing and do not apply where it has been successful.

Paragraph 6 of Schedule 1 to the Disability Discrimination Act 1995 specifies that "an impairment which would be likely to have a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities, but for the fact that measures are being taken to treat or correct it, is to be treated as having that effect". According to the EAT in this case, this applies only to continuing medical treatment, ie to measures that "are being taken" and not to concluded treatment where the effects of such treatment may be more readily ascertained.