A table summarising the criteria for the effect of an impairment to be long term.
Ceri Hughes, David Parry, and Carly Mather, associates at Addleshaw Goddard, detail the latest rulings.
The Employment Appeal Tribunal has said that there is a difference between "despondency, demotivation and anxiety" caused by problems at work and "clinical depression", in a case where a lawyer claimed discrimination when a firm found out about her history of mental illness and withdrew a job offer.
The Employment Appeal Tribunal has considered whether or not a disabled employee with two related impairments that she suffered concurrently but that individually did not last 12 months each qualify for protection under the Disability Discrimination Act 1995.
This week's case of the week, provided by DLA Piper, covers the definition of disability.
The Employment Appeal Tribunal has held that a special constable's inability to meet the physical requirements to become a regular constable is not an adverse effect on her ability to carry out normal day-to-day activities when deciding whether or not she is disabled.
In SCA Packaging Limited v Boyle  UKHL 37 HL, the House of Lords held that "likely" within the meaning of paras.2(2) and 6(1) of sch.1 to the Disability Discrimination Act 1995 means "could well happen". In doing so, it overruled previous case law and disapproved guidance to the effect that "likely" means "more probable than not".
HR and legal information and guidance relating to the meaning of disability for the purposes of the disability discrimination legislation.