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

Functional overlay not physical impairment

This report relates to 1 case(s)

In Rugamer v Sony Music Entertainment UK Ltd; McNicol v Balfour Beatty Rail Maintenance Ltd the EAT has held that functional or psychological "overlay", where a person claims to be suffering from physical injury, but the doctor is satisfied that the symptoms are instead a manifestation only of the individual's psychological state, is not a physical impairment within the meaning of the definition of disability.

These two appeals were decided together because they raised similar questions on the correct application of s.1 of the DDA to a case of functional overlay.