Meaning of disability

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

    Date:
    15 April 2002
    Type:
    Law reports

    In Mowat-Brown v University of Surrey, 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.

  • Case roundup: Union recognition and disability discrimination

    Date:
    9 April 2002
    Type:
    Law reports

    This week's case roundup, covering the appropriate bargaining unit for statutory recognition and whether anxiety constitutes a mental impairment for the purposes of the Disability Discrimination Act.

  • DDA protection should extend to MS sufferers

    Date:
    9 April 2002
    Type:
    Law reports

    Case throws up anomaly in some progressive conditions which will not be covered by Government's redefinition of disability.

  • Progressive condition claim fails

    Date:
    1 April 2002
    Type:
    Law reports

    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.

  • Disability discrimination: Failure to establish mental impairment

    Date:
    25 March 2002
    Type:
    Law reports

    In Morgan v Staffordshire University the EAT holds that an employment tribunal was entitled to find that an employee did not have a mental impairment within the meaning of the Disability Discrimination Act 1995.

  • Stress and anxiety must be proved under DDA

    Date:
    19 March 2002
    Type:
    Law reports

    Complainants should back up mental impairment claims with medical evidence which employers must have chance to refute.

  • Test for mental impairment

    Date:
    1 March 2002
    Type:
    Law reports

    In Morgan v Staffordshire University (11 December 2001), the EAT has given practical guidance on what an applicant has to do in order to establish a mental impairment within the meaning of the Disability Discrimination Act.

  • Case digest

    Date:
    1 February 2002
    Type:
    Law reports

    Hilary Slater, consultant with Cobbetts solicitors, provides a round-up of employment tribunal decisions on discrimination.

  • Fluctuating effects of impairment

    Date:
    1 February 2002
    Type:
    Law reports

    In Cruickshank v VAW Motorcast Ltd (25 October 2001), the EAT rules that where the effects of an impairment on ability to carry out normal day-to-day activities are exacerbated by conditions at work, a tribunal should consider whether the impairment has a substantial and long-term adverse effect on the employee's ability to perform normal day-to-day activities both while actually at work and while not at work.

  • Knowledge of cause of impairment not necessary

    Date:
    1 February 2002
    Type:
    Law reports

    In College of Ripon and York St John v Hobbs, the EAT holds that an employment tribunal was correct in its conclusion that the applicant suffered from a physical impairment, and that it was not necessary for them to know precisely what underlying disease or trauma had caused the impairment.

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HR and legal information and guidance relating to the meaning of disability for the purposes of the disability discrimination legislation.