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Disability discrimination: Impairment not treated as continuing

This report relates to 1 case(s)

Key points

In Swift v Chief Constable of Wiltshire Constabulary, the EAT holds:

  • An employment tribunal's decision that an employee was not a disabled person within the meaning of the Disability Discrimination Act 1995, after she returned to work following sick leave because of a psychiatric illness, was correct.
  • After returning, the employee suffered from occasional panic attacks and sleepless nights, but there was no evidence to indicate that the substantial adverse effect of the mental impairment on her memory and concentration, which had ceased, was likely to recur. Accordingly, the impairment could not be treated as continuing to have that adverse effect for the purposes of bringing the employee within the statutory definition of a disabled person.