Disability discrimination: Evidence of how "disabled" employees perform at work can affect their credibility
This report relates to 1 case(s)
On the basis of the evidence led before an employment tribunal, and the tribunal's assessment of the applicant's credibility, its decision that she had a disability for the purposes of the Disability Discrimination Act 1995 was plainly right, holds the Inner House, Court of Session in Law Hospital NHS Trust v Rush 13.6.01 Inner House, Court of Session. But it was not correct to say, as a matter of principle, that evidence as to the duties performed by the applicant at work, and the way in which she performed them, particularly if they included "normal day-to-day activities", could not be relevant to the tribunal's assessment of her credibility. Whether any such evidence is, in fact, relevant must depend on the circumstances of each case.